Legal Opinion
State v. Rodarte
New Mexico Court of Appeals
Decided December 12, 2005No. 25,273PublishedCited by 15 opinions
1Opinion of the Court
OPINION
PICKARD, Judge.
{1} In this case, we decide whether an officer may arrest an individual solely on the basis of probable cause that a minor criminal offense for which jail time is not authorized has been committed. The United States Supreme Court has decided that such arrests are permissible under the Fourth Amendment to the United States Constitution. Atwater v. City of Lago Vista, 532 U.S. 318, 323, 354, 121 S.Ct. 1536, 149 L.Ed.2d 549 (2001). Holding that the greater privacy protections afforded by Article II, Section 10 of the New Mexico Constitution do not permit arrests for…
2Cases cited22 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Whren v. United StatesSupreme Court of the United States · 1996
- Dunaway v. New YorkSupreme Court of the United States · 1979
- Atwater v. City of Lago VistaSupreme Court of the United States · 2001
- Wyoming v. HoughtonSupreme Court of the United States · 1999
17 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. GranvilleNew Mexico Court of Appeals · 2006
- State v. GranvilleNew Mexico Court of Appeals · 2006
- Tanner v. San Juan County Sheriff's OfficeDistrict Court, D. New Mexico · 2012
- State v. BrickerNew Mexico Court of Appeals · 2006
- State v. MarquezNew Mexico Supreme Court · 2008
10 more not listed; retrieve them via the Exa API.