Legal Opinion

State v. Rivera

New Mexico Court of Appeals

Decided March 16, 2009No. 25,798PublishedCited by 2 opinions

1Opinion of the Court

OPINION

WECHSLER, Judge.

{1} This case is before us on remand from the New Mexico Supreme Court. In this opinion, we address whether the State’s warrantless search and seizure was reasonable. This inquiry requires findings on the factual question of whether there was state involvement in the original opening of the package in Denver. We reverse and remand this issue to the district court for further consideration. We analyze the remaining issues to assist the district court in its analysis if it finds that there was not state involvement in the original opening. If the district court so finds,…

2Cases cited9 opinions

  1. United States v. JacobsenSupreme Court of the United States · 1984
  2. State v. UriosteNew Mexico Supreme Court · 2002
  3. State v. ClineNew Mexico Court of Appeals · 1998
  4. State v. RiveraNew Mexico Supreme Court · 2008
  5. State v. BacaNew Mexico Court of Appeals · 2004

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3Cited by2 opinions

  1. State v. SantiagoNew Mexico Supreme Court · 2009
  2. State v. RiveraNew Mexico Supreme Court · 2010

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