State v. Pittman

{34} I am unable to concur in the holding of the Majority’s opinion that the search of Defendant’s car was unreasonable. In addition, while I do agree that under New Mexico law there is a significant body of case law affording greater protection for search cases, I write separately because the real issue in this case is not whether the search incident to a lawful arrest was justified, but rather, whether the search by the arresting officer was justified under the circumstances when Defendant gave him the ear keys and he searched Defendant’s ear before delivering the keys to Defendant’s…