Legal Opinion
State v. Ochoa
New Mexico Supreme Court
Decided June 8, 2004No. 28,183PublishedCited by 42 opinions
1Opinion of the Court
OPINION
BOSSON, Justice.
{1} Defendant appeals the denial of his motion to suppress evidence seized during a protective frisk. The question on appeal is whether the retrieval of a vial from Defendant’s pocket violated his constitutional rights, when only the vial, and no drugs, were in plain view. We hold that Defendant’s constitutional rights were not violated, and affirm the trial court’s denial of the motion to suppress and the Court of Appeals opinion to the same effect.
BACKGROUND
{2} Defendant was charged with possession of a controlled substance and entered a conditional plea, reserving…
2Cases cited17 opinions
- State v. GomezNew Mexico Supreme Court · 1997
- United States v. Grover Cleveland BarnesCourt of Appeals for the Seventh Circuit · 1990
- State v. VandenbergNew Mexico Supreme Court · 2003
- State v. BedollaNew Mexico Court of Appeals · 1991
- State v. CobbsNew Mexico Court of Appeals · 1985
12 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- State v. LeyvaNew Mexico Supreme Court · 2011
- State v. FunderburgNew Mexico Supreme Court · 2008
- State v. NyceNew Mexico Supreme Court · 2006
- State v. RiveraNew Mexico Supreme Court · 2008
- State v. PattersonNew Mexico Court of Appeals · 2006
37 more not listed; retrieve them via the Exa API.