Legal Opinion
State v. Ketelson
New Mexico Supreme Court
Decided May 20, 2011No. 32,170PublishedCited by 44 opinions
1Opinion of the Court
OPINION
MAES, Justice.
{1} The issue presented in this appeal is whether a police officer can temporarily remove a visible firearm from a vehicle to prevent immediate access to it by an occupant during the short duration of a lawful traffic stop, consistent with the strictures of the Fourth Amendment to the United States Constitution and Article II, Section 10 of the New Mexico Constitution. Pursuant to our interstitial approach to constitutional analysis, we first address the federal constitutional issue. With respect to the Fourth Amendment, we conclude that the officers had reasonable…
2Cases cited25 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Pennsylvania v. MimmsSupreme Court of the United States · 1977
- Florida v. J. L.Supreme Court of the United States · 2000
- Arizona v. HicksSupreme Court of the United States · 1987
- Florida v. JLSupreme Court of the United States · 2000
20 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- State v. PaananenNew Mexico Supreme Court · 2015
- State v. Randy J.New Mexico Court of Appeals · 2011
- State v. MartinezNew Mexico Supreme Court · 2020
- State v. MartinezNew Mexico Supreme Court · 2018
- State v. WilliamsNew Mexico Supreme Court · 2011
39 more not listed; retrieve them via the Exa API.