Legal Opinion

State v. Tapia

New Mexico Supreme Court

Decided February 22, 2018No. S-1-SC-35183PublishedCited by 8 opinions

1Opinion of the Court

MAES, Justice.

{1} In this case we address an issue of first impression: whether evidence of non-violent crimes committed in the presence of a police officer after an unconstitutional traffic stop must be suppressed under the Fourth Amendment of the United States Constitution (Fourth Amendment) and Article II, Section 10 of the New Mexico Constitution ( Article II, Section 10 ). Defendant Edward Tapia, Sr. entered a conditional plea of guilty to one count of forgery, for signing his brother's name to a traffic citation charging failure to wear a seat belt in a motor vehicle, and reserved his…

2Cases cited50 opinions

  1. Brown v. IllinoisSupreme Court of the United States · 1975
  2. Elkins v. United StatesSupreme Court of the United States · 1960
  3. Segura v. United StatesSupreme Court of the United States · 1984
  4. Herring v. United StatesSupreme Court of the United States · 2009
  5. Pennsylvania Bd. of Probation and Parole v. ScottSupreme Court of the United States · 1998

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3Cited by8 opinions

  1. State v. RameyNew Mexico Court of Appeals · 2020
  2. State v. EdwardsNew Mexico Court of Appeals · 2019
  3. State v. OntiverosNew Mexico Court of Appeals · 2021
  4. MASSEY, JAMES CALVIN v. the State of TexasCourt of Criminal Appeals of Texas · 2023
  5. State v. MorganNew Mexico Court of Appeals · 2024

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