Legal Opinion

State v. Harbison

New Mexico Supreme Court

Decided April 10, 2007No. 29,597PublishedCited by 41 opinions

1Opinion of the Court

OPINION

BOSSON, Justice.

{1} The opinion filed on February 5, 2007, in this case is withdrawn and the following substituted therefor.

{2} In this opinion, we decide two questions bearing on the requirements under the Fourth Amendment of the United States Constitution for a valid seizure: (1) when is a person who does not submit to a show of authority considered seized; and (2) when may a person’s flight upon the arrival of police be taken into account in determining whether the officers had reasonable suspicion to conduct an investigatory stop pursuant to Terry v. Ohio, 392 U.S. 1, 88 S.Ct.…

2Cases cited23 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Florida v. RoyerSupreme Court of the United States · 1983
  4. United States v. SokolowSupreme Court of the United States · 1989
  5. Illinois v. WardlowSupreme Court of the United States · 2000

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

3Cited by41 opinions

  1. State v. GarciaNew Mexico Supreme Court · 2009
  2. State v. NealNew Mexico Supreme Court · 2007
  3. State v. CosbyOhio Court of Appeals · 2008
  4. Everett Miles v. United StatesDistrict of Columbia Court of Appeals · 2018
  5. State v. SMILENew Mexico Court of Appeals · 2009

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

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