Legal Opinion
State v. Gutierrez
New Mexico Court of Appeals
Decided May 7, 2004No. 23,047PublishedCited by 34 opinions
1Opinion of the Court
OPINION
CASTILLO, Judge.
{1} Defendant Demetrio Daniel Gutierrez appeals from an order denying his motion to suppress a gun seized from his ear by an arresting officer without a warrant. Defendant also challenges the officer’s right to run the serial number of the gun through the National Crime Information Center (NCIC) database. We affirm on the ground that the seizure of the gun was conducted pursuant to a lawful arrest and was therefore reasonable under the New Mexico and federal constitutions. We further hold that once the arresting officer had legal possession of the gun, nothing in the…
2Cases cited26 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- United States v. RobinsonSupreme Court of the United States · 1973
- New York v. BeltonSupreme Court of the United States · 1981
- Arizona v. HicksSupreme Court of the United States · 1987
21 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- State v. RyonNew Mexico Supreme Court · 2005
- State v. RowellNew Mexico Supreme Court · 2008
- Poolaw v. MarcantelCourt of Appeals for the Tenth Circuit · 2009
- State v. WeidnerNew Mexico Court of Appeals · 2007
- State v. WilliamsNew Mexico Court of Appeals · 2006
29 more not listed; retrieve them via the Exa API.