Legal Opinion

State v. Carlos A.

New Mexico Court of Appeals

Decided June 12, 2012No. 33,555; Docket No. 30,670Published

1Opinion of the Court

OPINION

FRY, Judge.

{1} Carlos A. asks us to determine that his status as a minor rendered involuntary his consent to search the car he was driving because the police officer requesting the search failed to inform Carlos that he had the right to deny consent. We hold that minors have no greater rights than adults in the context of consent to search and that the officer’s failure to advise Carlos of the right to deny consent did not render his consent involuntary. We affirm the district court’s denial of Carlos’s suppression motion.

BACKGROUND

{2} The State filed a delinquency petition against…

2Cases cited10 opinions

  1. State v. GomezNew Mexico Supreme Court · 1997
  2. State v. JAVIER M.New Mexico Supreme Court · 2001
  3. State v. PAUL T.New Mexico Supreme Court · 1999
  4. State v. Valencia OlayaNew Mexico Court of Appeals · 1987
  5. State v. BomboyNew Mexico Supreme Court · 2008

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