Legal Opinion

State v. Calanche

New Mexico Court of Appeals

Decided January 10, 1978No. 3174PublishedCited by 45 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

The issue is the validity of defendant’s delayed warrantless arrest for driving while under the influence of intoxicating liquor. Section 64-22-2, N.M.S.A.1953 (2d Repl. Vol. 9, pt. 2). We discuss: (1) misdemeanor arrest; (2) State v. Trujillo, 85 N.M. 208, 510 P.2d 1079 (Ct.App.1973); (3) exigent circumstances which have no factual support; and (4) § 64-22-8.2, N.M.S.A.1953 (2d Repl. Vol. 9, pt. 2).

Defendant was involved in an automobile accident. Subsequent to the accident and while at a hospital, a state police officer arrested defendant for driving while under the…

2Cases cited7 opinions

  1. Cave v. CooleyNew Mexico Supreme Court · 1944
  2. State v. TrujilloNew Mexico Court of Appeals · 1973
  3. State v. PohlNew Mexico Court of Appeals · 1976
  4. City of Roswell v. MayerNew Mexico Supreme Court · 1967
  5. State v. SawyersNew Mexico Court of Appeals · 1968

2 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. State v. SalgadoNew Mexico Court of Appeals · 1991
  2. State v. IbarraNew Mexico Court of Appeals · 1993
  3. State v. SisnerosNew Mexico Supreme Court · 1982
  4. State v. EdenNew Mexico Court of Appeals · 1989
  5. State v. CharltonNew Mexico Court of Appeals · 1992

40 more not listed; retrieve them via the Exa API.

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