State v. Gutierrez
New Mexico Court of Appeals
1Opinion of the Court
OPINION
CHAVEZ, Judge.
The state appeals the trial court’s order suppressing evidence as a result of the execution of a “no-knock” search warrant at the defendants’ residence. The sole issue on appeal is whether the evidence should have been admitted pursuant to the good faith exception to the exclusionary rule adopted by the United States Supreme Court in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). In order to make this determination, we must decide whether to adopt the good faith exception pursuant to article II, section 10 of the New Mexico Constitution. We…
Also in this document: Concurrence.
2Cases cited26 opinions
- United States v. LeonSupreme Court of the United States · 1984
- Franks v. DelawareSupreme Court of the United States · 1978
- Stone v. PowellSupreme Court of the United States · 1976
- Weeks v. United StatesSupreme Court of the United States · 1914
- Massachusetts v. SheppardSupreme Court of the United States · 1984
21 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. GuzmanIdaho Supreme Court · 1992
- State v. GutierrezNew Mexico Supreme Court · 1993
- State v. SansomNew Mexico Court of Appeals · 1991
- State v. Jimmy R.New Mexico Court of Appeals · 1997
- State v. WilliamsNew Mexico Court of Appeals · 1992
6 more not listed; retrieve them via the Exa API.