State v. Alderete
New Mexico Court of Appeals
1Opinion of the Court
OPINION
SUTIN, Judge.
Defendant was convicted of possession of heroin. Section 54-11-23, N.M.S.A. 1953 (Repl. Vol. 8, pt. 2, 1973 Supp.). He appeals. We affirm.
Defendant was first arrested on a criminal complaint for assault with intent to murder. The police officer “patted him down for a weapon”, did not find any, put cuffs on him and put him in the back seat of the car. After he was taken to the booking desk at the police station, he was searched and heroin was found on him.
A. The 'arrest was legal.
Defendant moved to suppress the evidence on the grounds that the arrest warrant was not based…
2Cases cited12 opinions
- People v. SchellinCalifornia Court of Appeal · 1964
- People v. MelchorCalifornia Court of Appeal · 1965
- People v. MontanoCalifornia Court of Appeal · 1960
- State v. LoydIdaho Supreme Court · 1967
- Allison v. StateWisconsin Supreme Court · 1974
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3Cited by7 opinions
- People v. ParrisNew York Court of Appeals · 1994
- Marks v. StateCourt of Criminal Appeals of Alabama · 1991
- Neal v. StateCourt of Criminal Appeals of Alabama · 1997
- State v. LunaNew Mexico Court of Appeals · 1978
- State v. CarterNew Mexico Court of Appeals · 1975
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