Legal Opinion

State v. Williams

New Mexico Supreme Court

Decided June 15, 2011No. 32,263PublishedCited by 19 opinions

1Opinion of the Court

OPINION

SERNA, Justice.

{1} We granted certiorari to resolve the question of whether the Fourth Amendment to the United States Constitution prohibits an under-clothing search as part of a search incident to arrest when the arresting officer has reason to suspect that the arrestee is concealing a weapon or contraband under his or her clothing. The State appeals the holding of the Court of Appeals that the roadside search of Defendant Terry Williams, incident to his arrest on an outstanding felony warrant, violated the Fourth Amendment. We adopt and apply the reasonableness factors articulated in…

2Cases cited30 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Bell v. WolfishSupreme Court of the United States · 1979
  3. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  4. United States v. RobinsonSupreme Court of the United States · 1973
  5. Pennsylvania v. MimmsSupreme Court of the United States · 1977

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3Cited by19 opinions

  1. State v. AlmanzarNew Mexico Supreme Court · 2013
  2. State v. ARMENDARIZ-NUNEZNew Mexico Court of Appeals · 2012
  3. State v. YazzieNew Mexico Supreme Court · 2019
  4. State v. Leticia T.New Mexico Supreme Court · 2014
  5. State v. Armendariz-NunezNew Mexico Court of Appeals · 2012

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