Legal Opinion

State v. Santiago

New Mexico Supreme Court

Decided August 31, 2009No. 30,953PublishedCited by 13 opinions

1Opinion of the Court

OPINION

BOSSON, Justice.

{1} We consider whether a search performed by private security guards at a privately owned shopping mall is subject to the Fourth Amendment and, if so, whether evidence discovered during the search should be excluded as the fruit of an unreasonable search and seizure. Because we hold that the Fourth Amendment does not apply, we reverse the Court of Appeals and remand for further proceedings.

BACKGROUND

{2} On July 20, 2005, Defendant Luis Santiago was involved in a verbal altercation at the Coronado Mall in Albuquerque. Security guards quickly responded to reports of the…

2Cases cited51 opinions

  1. West v. AtkinsSupreme Court of the United States · 1988
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Lugar v. Edmondson Oil Co.Supreme Court of the United States · 1982
  4. United States v. CalandraSupreme Court of the United States · 1974
  5. United States v. JacobsenSupreme Court of the United States · 1984

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3Cited by13 opinions

  1. State of Iowa v. Christopher D. BrownSupreme Court of Iowa · 2017
  2. Guidance Endodontics, LLC v. Dentsply International, Inc.District Court, D. New Mexico · 2010
  3. State v. SlaytonNew Mexico Supreme Court · 2009
  4. State v. RiveraNew Mexico Supreme Court · 2010
  5. New Mexico Oncology & Hematology Consultants, Ltd. v. Presbyterian Healthcare ServicesDistrict Court, D. New Mexico · 2014

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

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