Legal Opinion

State v. Rogers

New Mexico Court of Appeals

Decided August 25, 1993No. 14314PublishedCited by 2 opinions

1Opinion of the Court

OPINION

BLACK, Judge.

Defendant appeals from his conviction for possession of cocaine and his enhanced sentence as a habitual offender. The issues raised on appeal pertain to whether the search warrant was validly issued and executed. Our second calendar notice proposed summary reversal on the ground that the search warrant was not validly executed in that there was not compliance with the knock and announce rule. The State filed a timely memorandum in opposition to proposed summary reversal. The State notes that the facts are fully set forth in the present appellate record; therefore it agrees…

2Cases cited25 opinions

  1. Ker v. CaliforniaSupreme Court of the United States · 1963
  2. Miller v. United StatesSupreme Court of the United States · 1958
  3. Sabbath v. United StatesSupreme Court of the United States · 1968
  4. Rivera v. United StatesCourt of Appeals for the Second Circuit · 1991
  5. United States v. John C. MuellerCourt of Appeals for the Fifth Circuit · 1990

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3Cited by2 opinions

  1. Berumen v. StateCourt of Appeals of Alaska · 2008
  2. State v. HalpernNew Mexico Court of Appeals · 2001

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