Legal Opinion

COPAR PUMICE COMPANY, INC. v. Morris

District Court, D. New Mexico

Decided March 29, 2008No. CIV 07-0079 JB/ACTPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendants’ Motion for Summary Judgment, filed June 24, 2007 (Doc. 28). The Court held a hearing on September 19, 2007. The primary issues are: (i) whether the terms and conditions of the Air Quality Permit issued by the New Mexico Environment Department (“NMED”) constitute consent to conduct a warrantless search pursuant to the terms of the state statute and permit; (ii) whether, if consent was given through the permit, Morris and Yantos’ search and seizure exceeded the consent given in…

2Cases cited60 opinions

Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
Schneckloth v. BustamonteSupreme Court of the United States · 1973
Coolidge v. New HampshireSupreme Court of the United States · 1971
Boyd v. United StatesSupreme Court of the United States · 1886

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3Cited by1 opinion

Maralex Res., Inc. v. JewellDistrict Court, D. Colorado · 2017