Legal Opinion
State v. Warsaw
New Mexico Court of Appeals
Decided December 17, 1997No. 18045PublishedCited by 18 opinions
1Opinion of the Court
OPINION
APODACA, Judge.
1. Defendant pled guilty to attempted possession of cocaine with intent to traffic, reserving his right to appeal the trial court’s denial of his motion to suppress. He challenges the trial court’s judgment on three grounds: (1) the police officers and their dog committed an illegal search before Defendant’s consent, (2) the pre-consent search was unlawful under the plain view or open view theories, and (3) exigent circumstances did not justify the warrantless search and seizure. Persuaded by Defendant’s arguments, we reverse his conviction.
I. FACTUAL AND PROCEDURAL…
2Cases cited14 opinions
- Horton v. CaliforniaSupreme Court of the United States · 1990
- Smith v. MarylandSupreme Court of the United States · 1979
- Illinois v. AndreasSupreme Court of the United States · 1983
- State v. GomezNew Mexico Supreme Court · 1997
- United States v. John David StoneCourt of Appeals for the Tenth Circuit · 1989
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States v. PierceCourt of Appeals for the Third Circuit · 2010
- State v. BomboyNew Mexico Supreme Court · 2008
- State v. RyanNew Mexico Court of Appeals · 2006
- State v. TietsortIdaho Court of Appeals · 2007
- State v. Van CleaveNew Mexico Supreme Court · 2001
13 more not listed; retrieve them via the Exa API.