Legal Opinion

State v. Alderete

New Mexico Court of Appeals

Decided January 6, 1976No. 2265PublishedCited by 14 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

The trial court suppressed certain evidence taken from defendant’s residence on the basis that the “search and seizure of the evidence taken was beyond the scope of the consent” given by defendant. The State appeals.

We are not concerned with the authority of the officers to conduct a search of defendant’s premises. The unchallenged findings of the trial court are to the effect that defendant voluntarily gave his written consent to search. Nor are we concerned with the premises searched. The consent was to search a house at a designated address. The evidence suppressed…

2Cases cited14 opinions

  1. Coolidge v. New HampshireSupreme Court of the United States · 1971
  2. Warden, Maryland Penitentiary v. HaydenSupreme Court of the United States · 1967
  3. Abel v. United StatesSupreme Court of the United States · 1960
  4. United States v. Anthony J. DichiarinteCourt of Appeals for the Seventh Circuit · 1971
  5. United States v. Vincent Pacelli and Demetrios PapadakosCourt of Appeals for the Second Circuit · 1973

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

3Cited by14 opinions

  1. State v. FloresNew Mexico Court of Appeals · 1996
  2. State v. RamirezNew Mexico Court of Appeals · 1976
  3. State v. Valencia OlayaNew Mexico Court of Appeals · 1987
  4. State v. CervantesNew Mexico Court of Appeals · 1979
  5. State v. HernandezNew Mexico Court of Appeals · 1980

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

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