Legal Opinion
State v. Nance
New Mexico Court of Appeals
Decided March 15, 2011No. 30,095PublishedCited by 9 opinions
1Opinion of the Court
OPINION
VANZI, Judge.
{1} The State appeals the district court’s decision to grant Defendant’s motion to suppress evidence of Defendant’s blood alcohol level as the fruit of an unconstitutional warrantless home arrest. Because the dissipation of alcohol is an exigent circumstance and police actions in this case were reasonably tailored to the exigent circumstances, we reverse.
BACKGROUND
{2} The facts of this case come from the undisputed testimony of two witnesses: Steve Chavez, whose truck was hit by Defendant, and Officer Askin, who responded to Chavez’s 911 call. The district court accepted…
2Cases cited18 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Welsh v. WisconsinSupreme Court of the United States · 1984
- Illinois v. McArthurSupreme Court of the United States · 2001
- State v. GomezNew Mexico Supreme Court · 1997
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. HuettlNew Mexico Court of Appeals · 2013
- State v. SimpsonNew Mexico Court of Appeals · 2016
- State v. SalazarNew Mexico Court of Appeals · 2018
- State v. HuettlNew Mexico Court of Appeals · 2012
- State v. SimpsonNew Mexico Court of Appeals · 2016
4 more not listed; retrieve them via the Exa API.