Legal Opinion

State v. Vargas

New Mexico Court of Appeals

Decided November 9, 2006No. 24,880PublishedCited by 7 opinions

1Opinion of the Court

OPINION

ALARID, Judge.

{1} This case presents an opportunity to clarify the requirements of the knock-and-announce rule. We hold that the announcement component of the knock-and-announce rule requires officers executing an arrest warrant to inform the occupants of a residence that the officers are proceeding pursuant to a warrant. We further hold that unless and until officers have announced that they are executing a warrant, an occupant’s refusal to admit the officers into a residence does not automatically render futile further announcement of the officers’ purpose and authority nor does it…

2Cases cited21 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. United States v. ArvizuSupreme Court of the United States · 2002
  4. United States v. RabinowitzSupreme Court of the United States · 1950
  5. Hudson v. MichiganSupreme Court of the United States · 2006

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3Cited by7 opinions

  1. State v. VargasNew Mexico Supreme Court · 2008
  2. State v. MosleyNew Mexico Court of Appeals · 2014
  3. State v. BrownNew Mexico Court of Appeals · 2013
  4. State v. HamiltonNew Mexico Court of Appeals · 2011
  5. State v. MosleyNew Mexico Court of Appeals · 2014

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

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