Legal Opinion
State v. Bauske
New Mexico Court of Appeals
Decided July 31, 1974No. 1463PublishedCited by 23 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Convicted of unlawful possession of a controlled substance (heroin), defendant appeals. Section 54-11-23, N.M.S.A. 1953 (Repl.Vol. 8, pt. 2, Supp.1973). The issues concern: (1), constructive possession; (2) refusal to disclose the informant’s name; and (3) asserted illegal arrest.
Constructive possession.
The car being driven by defendant was stopped on a public street. Defendant’s wife and child were passengers in the car. Defendant was searched and placed in the front seat of the patrol car. Defendant’s wife was not searched at the scene, but was placed in the rear…
2Cases cited7 opinions
- People v. FrancisCalifornia Supreme Court · 1969
- Petty v. PeopleSupreme Court of Colorado · 1968
- State v. GarciaNew Mexico Supreme Court · 1966
- United States v. Aurelio Salomon AlvarezCourt of Appeals for the Ninth Circuit · 1973
- State v. GiddingsNew Mexico Supreme Court · 1960
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. GarciaNew Mexico Supreme Court · 2005
- State v. DonaldsonNew Mexico Court of Appeals · 1983
- Doe v. StateNew Mexico Court of Appeals · 1975
- State v. BowersNew Mexico Court of Appeals · 1974
- State v. BacaNew Mexico Court of Appeals · 1974
18 more not listed; retrieve them via the Exa API.