State v. Vargas
New Mexico Court of Appeals
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
- Payton v. New YorkSupreme Court of the United States · 1980
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- United States v. ArvizuSupreme Court of the United States · 2002
- United States v. RabinowitzSupreme Court of the United States · 1950
- Hudson v. MichiganSupreme Court of the United States · 2006
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3Cited by7 opinions
- State v. VargasNew Mexico Supreme Court · 2008
- State v. MosleyNew Mexico Court of Appeals · 2014
- State v. BrownNew Mexico Court of Appeals · 2013
- State v. HamiltonNew Mexico Court of Appeals · 2011
- State v. MosleyNew Mexico Court of Appeals · 2014
2 more not listed; retrieve them via the Exa API.