Legal Opinion
State v. Gardner
New Mexico Court of Appeals
Decided August 21, 1980No. 4573PublishedCited by 35 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Defendants’ motion to suppress evidence was granted; the State appealed. Section 39-3-3(B)(2), N.M.S.A. 1978. There are two issues: (1) consent to search obtained in violation of administrative regulations, and (2) constitutional propriety of the search.
An indictment, filed in August, 1977, charged Joshua Gardner with trafficking in cocaine. Pursuant to a plea bargain, accepted by the trial court, Joshua pled guilty to possession of cocaine. Joshua was sentenced in April, 1978 to not less than one nor more than five years in the penitentiary; all but the first thirty…
2Cases cited12 opinions
- United States v. CaceresSupreme Court of the United States · 1979
- United States v. PaynerSupreme Court of the United States · 1980
- United States v. Virginia Consuelo-GonzalezCourt of Appeals for the Ninth Circuit · 1975
- People v. MasonCalifornia Supreme Court · 1971
- Clifford v. Latta v. C. J. FitzharrisCourt of Appeals for the Ninth Circuit · 1975
7 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- State v. DonaldsonNew Mexico Court of Appeals · 1983
- State v. TaylorNew Mexico Court of Appeals · 1986
- State v. BacaNew Mexico Court of Appeals · 2004
- State v. PonceNew Mexico Court of Appeals · 2004
- State v. BaldonadoNew Mexico Court of Appeals · 1992
30 more not listed; retrieve them via the Exa API.