Legal Opinion
State v. Flores
New Mexico Court of Appeals
Decided February 27, 2008No. 27,067PublishedCited by 19 opinions
1Opinion of the Court
OPINION
VIGIL, Judge.
{1} The question presented in this case is whether article II, section 10 of the New Mexico Constitution requires a police officer who is engaged in an investigative procedure commonly called a “knock and talk” to first advise a person of his right to deny consent to search before the police officer can obtain a valid consent to search the person’s home. We conclude that such advice is not constitutionally required and affirm the order of the district court denying Defendant’s motion to suppress.
FACTS AND BACKGROUND
{2} Defendant entered a conditional plea to drug charges,…
2Cases cited37 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- State v. GomezNew Mexico Supreme Court · 1997
- State v. FerrierWashington Supreme Court · 1998
- State v. FerrierWashington Supreme Court · 1998
32 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. BushmanCourt of Appeals of Utah · 2010
- State v. BrownNew Mexico Court of Appeals · 2017
- State v. DavisNew Mexico Supreme Court · 2013
- State v. MosleyNew Mexico Court of Appeals · 2014
- State v. NanceNew Mexico Court of Appeals · 2011
14 more not listed; retrieve them via the Exa API.