Legal Opinion
State v. Pierce
New Mexico Court of Appeals
Decided July 22, 2003No. 22,918PublishedCited by 21 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
{1} Defendant pled no contest to possession of methamphetamine and reserved the right to appeal the denial of his motion to suppress. We hold that the patdown search that revealed methamphetamine in Defendant’s sock was illegal',^reverse the denial of the motion to suppress, and remand for further proceedings.
BACKGROUND
{2} In the afternoon of June 25, 2001, Officer Rohnnie Shaw of the Hobbs Police Department stopped Defendant for speeding. Shaw testified that as he approached the car, he smelled burnt marijuana. After giving his driver’s license to Shaw, explaining he had…
2Cases cited12 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- State v. AttawayNew Mexico Supreme Court · 1994
- State v. FloresNew Mexico Court of Appeals · 1996
- State v. AndersonNew Mexico Court of Appeals · 1988
- State v. PAUL T.New Mexico Supreme Court · 1999
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. GarciaNew Mexico Supreme Court · 2005
- State v. MonteleoneNew Mexico Court of Appeals · 2005
- State v. ZamoraNew Mexico Court of Appeals · 2005
- State v. FloresNew Mexico Court of Appeals · 2008
- State v. LoweNew Mexico Court of Appeals · 2004
16 more not listed; retrieve them via the Exa API.