Legal Opinion

State v. Garcia

New Mexico Supreme Court

Decided September 1, 2009No. 30,937PublishedCited by 69 opinions

1Opinion of the Court

OPINION

SERNA, Justice.

{1} Defendant Joshua Garcia appeals his convictions for possession of a controlled substance, contrary to NMSA 1978, Section 30-31-23(A) (1972, as amended through 2005), and resisting, evading, or obstructing an officer, contrary to NMSA 1978, Section 30-22-1(B) (1963, as amended through 1981). He maintains that the evidence obtained against him was the fruit of an unreasonable seizure. We granted certiorari to consider whether Defendant was seized under Article II, Section 10 of the New Mexico Constitution. After applying our interstitial analysis of the federal…

2Cases cited45 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Wong Sun v. United StatesSupreme Court of the United States · 1963
  4. United States v. LeonSupreme Court of the United States · 1984
  5. Aguilar v. TexasSupreme Court of the United States · 1964

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3Cited by69 opinions

  1. State v. LeyvaNew Mexico Supreme Court · 2011
  2. People v. HendersonIllinois Supreme Court · 2013
  3. State v. KetelsonNew Mexico Supreme Court · 2011
  4. State v. QuiñonesNew Mexico Court of Appeals · 2010
  5. State v. MartinezNew Mexico Supreme Court · 2020

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

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