Legal Opinion
State v. Leyva
New Mexico Supreme Court
Decided February 17, 2011No. 32,067PublishedCited by 107 opinions
1Opinion of the Court
OPINION
SERNA, Justice.
{1} The right of the people to be free from unreasonable searches and seizures is protected by both the Fourth Amendment of the United States Constitution and Article II, Section 10 of the New Mexico Constitution. While the protections of the Fourth Amendment have been incorporated against the states, under New Mexico’s interstitial approach to state constitutional interpretation, the rights provided under the two constitutions are not necessarily coextensive. In order to receive greater protections that may be conferred by the state constitution, however, a criminal…
2Cases cited66 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Mapp v. OhioSupreme Court of the United States · 1961
- Whren v. United StatesSupreme Court of the United States · 1996
- United States v. MendenhallSupreme Court of the United States · 1980
- Berkemer v. McCartySupreme Court of the United States · 1984
61 more not listed; retrieve them via the Exa API.
3Cited by107 opinions
- State v. KetelsonNew Mexico Supreme Court · 2011
- Schuster v. New Mexico Dep't. of Taxation & RevenueNew Mexico Supreme Court · 2012
- State v. Randy J.New Mexico Court of Appeals · 2011
- State v. MartinezNew Mexico Supreme Court · 2020
- State v. WilliamsNew Mexico Supreme Court · 2011
102 more not listed; retrieve them via the Exa API.