Legal Opinion

State v. Powell

New Mexico Court of Appeals

Decided January 6, 1983No. 5843PublishedCited by 13 opinions

1Opinion of the Court

OPINION

WOOD, Judge.

This appeal involves the “plain view” doctrine of the law of search and seizure. The trial court suppressed marijuana recovered from inside the cab of a pickup truck, and cocaine which the driver attempted to throw away, on the basis that the officer was not lawfully in a position to see the marijuana. We reverse, discussing: (1) the facts; and (2) “plain view”.

Facts

Around 10:00 p.m. a deputy sheriff observed a pickup truck weaving ahead of him. The weaving was described as crossing the center line of the pavement and then going almost off the pavement on the right side of…

2Cases cited16 opinions

  1. Coolidge v. New HampshireSupreme Court of the United States · 1971
  2. United States v. ChadwickSupreme Court of the United States · 1977
  3. State v. LunaNew Mexico Court of Appeals · 1980
  4. State v. BloomNew Mexico Supreme Court · 1977
  5. State v. GalvanNew Mexico Court of Appeals · 1977

11 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. State v. BoltonNew Mexico Court of Appeals · 1990
  2. State v. WilliamsNew Mexico Supreme Court · 1994
  3. Commonwealth v. SergienkoMassachusetts Supreme Judicial Court · 1987
  4. State v. LopezNew Mexico Court of Appeals · 1989
  5. State v. CalvilloNew Mexico Court of Appeals · 1990

8 more not listed; retrieve them via the Exa API.

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