Legal Opinion
State v. Garcia
New Mexico Court of Appeals
Decided March 13, 2002No. 22,026PublishedCited by 13 opinions
1Opinion of the Court
OPINION
PICKARD, Judge.
{1} Defendant appeals the denial of his motion to suppress evidence seized based on two search warrants authorizing a nighttime search of a truck and an apartment. Defendant argues that the search was unconstitutional because the State failed to establish a sufficient basis for justifying the execution of the search warrants at night. We are not persuaded by Defendant’s arguments, and we therefore affirm.
FACTUAL AND PROCEDURAL BACKGROUND
{2} The two nighttime search warrants at issue in this case relied on two affidavits containing the following facts. At approximately…
2Cases cited30 opinions
- State v. GomezNew Mexico Supreme Court · 1997
- State v. AttawayNew Mexico Supreme Court · 1994
- State v. ManusNew Mexico Supreme Court · 1979
- Sells v. StateNew Mexico Supreme Court · 1982
- United States v. Jerry Wayne SearpCourt of Appeals for the Sixth Circuit · 1978
25 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. NyceNew Mexico Supreme Court · 2006
- State v. BacaNew Mexico Court of Appeals · 2004
- State v. GonzalesNew Mexico Court of Appeals · 2003
- State v. BALENQUAHNew Mexico Court of Appeals · 2009
- State v. ScottNew Mexico Court of Appeals · 2005
8 more not listed; retrieve them via the Exa API.