Legal Opinion

State v. Lovato

New Mexico Court of Appeals

Decided July 2, 1991No. 12391PublishedCited by 57 opinions

1Opinion of the Court

OPINION

DONNELLY, Judge.

The state appeals from an order of the trial court suppressing evidence seized as a result of a stop of an automobile by police following a report of a drive-by shooting. We discuss: (1) whether there was reasonable suspicion for the stop; (2) whether the trial court’s order suppressing evidence is supported by substantial evidence; (3) whether the trial court should be affirmed on alternative grounds because, as a matter of law, the stop constituted an arrest requiring a showing of probable cause; and (4) whether opening the door of the car by police amounted to an…

2Cases cited17 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Pennsylvania v. MimmsSupreme Court of the United States · 1977
  3. Hoag v. StateCourt of Criminal Appeals of Texas · 1987
  4. United States v. Donald Wesley Taylor, United States of America v. Steven Wayne Pressler, and Donald Wesley TaylorCourt of Appeals for the Ninth Circuit · 1983
  5. United States v. Henry EspinosaCourt of Appeals for the Tenth Circuit · 1986

12 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. State v. FloresNew Mexico Court of Appeals · 1996
  2. State v. VandenbergNew Mexico Supreme Court · 2003
  3. State v. FranksNew Mexico Court of Appeals · 1994
  4. State v. GonzalesNew Mexico Court of Appeals · 1998
  5. State v. BarraganNew Mexico Court of Appeals · 2001

52 more not listed; retrieve them via the Exa API.

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