Legal Opinion

State v. Benavidez

New Mexico Court of Appeals

Decided January 29, 2010No. 28,636; 32,254PublishedCited by 2 opinions

1Opinion of the Court

OPINION

CASTILLO, Judge.

{1} Defendant, a parolee, appeals a search of his home that was conducted pursuant to conditions of his parole. We conclude that the Fourth Amendment does not prohibit parole searches that are based on reasonable suspicion of a parole violation and that in the present case the parole officer had reasonable suspicion to conduct the contested search. We do not address Defendant’s state constitutional claim because it was not properly preserved. Lastly, we do not consider whether there was sufficient evidence of constructive possession because Defendant failed to reserve…

2Cases cited23 opinions

  1. Griffin v. WisconsinSupreme Court of the United States · 1987
  2. United States v. KnightsSupreme Court of the United States · 2001
  3. Samson v. CaliforniaSupreme Court of the United States · 2006
  4. State v. GomezNew Mexico Supreme Court · 1997
  5. State v. FranklinNew Mexico Supreme Court · 1967

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3Cited by2 opinions

  1. State of Iowa v. Isaac Andrew Baldon IIISupreme Court of Iowa · 2013
  2. State of Iowa v. Isaac Andrew Baldon IIISupreme Court of Iowa · 2013

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