Legal Opinion

State v. Capps

New Mexico Supreme Court

Decided January 27, 1982No. 13486PublishedCited by 33 opinions

1Opinion of the Court

OPINION

RIORDAN, Justice.

Defendant Richard E. Capps (Capps) was convicted of possession of marijuana with the intent to distribute. § 30-31-22(A)(1), N.M.S.A.1978 (Repl.Pamp.1980). The Court of Appeals reversed the defendant’s conviction holding that a police officer had conducted an unlawful car search by tearing open one of nine plastic bags that contained marijuana, located in the car’s trunk. We granted certiorari, and we reverse the Court of Appeals.

The issue presented on appeal is whether the police officer pursuant to the “automobile exception” could search the trunk of a car and open…

2Cases cited19 opinions

  1. Carroll v. United StatesSupreme Court of the United States · 1925
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. Brinegar v. United StatesSupreme Court of the United States · 1949
  4. Chambers v. MaroneySupreme Court of the United States · 1970
  5. New York v. BeltonSupreme Court of the United States · 1981

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

3Cited by33 opinions

  1. State v. MooreOhio Supreme Court · 2000
  2. State v. DonaldsonNew Mexico Court of Appeals · 1983
  3. State v. SecristWisconsin Supreme Court · 1999
  4. Campos v. StateNew Mexico Supreme Court · 1994
  5. State v. MooreOhio Supreme Court · 2000

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

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