Legal Opinion

State v. Pittman

New Mexico Court of Appeals

Decided November 23, 2005No. 24,671PublishedCited by 10 opinions

1Opinion of the Court

OPINION

SUTIN, J.

{1} We consider the legality of a search of Defendant’s car that occurred after Defendant was arrested, handcuffed, and placed in a patrol car. We conclude that under Article II, Section 10 of the New Mexico Constitution the search was illegal. We reverse the district court’s denial of Defendant’s motion to suppress and remand for further proceedings.

BACKGROUND

{2} Hobbs police officer Orin Tubbs saw Defendant’s Cadillac pull out into traffic, on the opposite side of the roadway, from an apartment parking lot without stopping. He decided to stop Defendant, turned on his…

Also in this document: Concurrence.

2Cases cited20 opinions

  1. Chimel v. CaliforniaSupreme Court of the United States · 1969
  2. United States v. RobinsonSupreme Court of the United States · 1973
  3. New York v. BeltonSupreme Court of the United States · 1981
  4. Cupp v. MurphySupreme Court of the United States · 1973
  5. Knowles v. IowaSupreme Court of the United States · 1998

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3Cited by10 opinions

  1. State of Iowa v. Jesse Michael GaskinsSupreme Court of Iowa · 2015
  2. State v. LeyvaNew Mexico Supreme Court · 2011
  3. State v. RowellNew Mexico Supreme Court · 2008
  4. State v. BauderSupreme Court of Vermont · 2007
  5. State v. RowellNew Mexico Court of Appeals · 2007

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

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