Legal Opinion

City of Albuquerque v. Haywood

New Mexico Court of Appeals

Decided December 22, 1997No. 17674PublishedCited by 32 opinions

1Opinion of the Court

OPINION

BUSTAMANTE, Judge.

1. This case is an action for the forfeiture of money and a handgun seized by the City of Albuquerque (the City) from an automobile owned by Samuel Haywood (Haywood). The City’s Petition for Forfeiture alleged that the $28,000 in U.S. currency and the .380 caliber handgun were fruits or instrumentalities of crime subject to seizure and forfeiture under the Controlled Substances Act. See NMSA 1978, §§ 30-31-34(F) (1989) and 30-31-35(B)(4) (1981). The district court entered Judgment based on its suppression of the currency and ordered the $28,000 returned to Haywood.…

2Cases cited19 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Delaware v. ProuseSupreme Court of the United States · 1979
  3. United States v. CalandraSupreme Court of the United States · 1974
  4. State v. AttawayNew Mexico Supreme Court · 1994
  5. Sells v. StateNew Mexico Supreme Court · 1982

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

3Cited by32 opinions

  1. State v. LeyvaNew Mexico Supreme Court · 2011
  2. State v. GarciaNew Mexico Supreme Court · 2005
  3. State v. VandenbergNew Mexico Supreme Court · 2003
  4. State v. DuranNew Mexico Supreme Court · 2005
  5. State v. TaylorNew Mexico Court of Appeals · 1998

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

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