Legal Opinion

City of Santa Fe v. Martinez

New Mexico Supreme Court

Decided June 24, 2010No. 31,785PublishedCited by 24 opinions

1Opinion of the Court

OPINION

SERNA, Justice.

{1} Marcos Martinez (Defendant) was convicted in municipal court of aggravated driving while intoxicated (DWI), contrary to Santa Fe City Code, Section 12-6-12.1 (2007). Pursuant to Rule 8-703 NMRA, Defendant appealed to the district court. In the district court, Defendant moved to dismiss the charges based on a violation of the misdemeanor arrest rule and, in the alternative, moved to suppress any evidence obtained as a result of the warrantless search of Defendant’s home. After an evidentiary hearing, the district court ruled that Defendant’s arrest was unlawful, based…

2Cases cited13 opinions

  1. Carroll v. United StatesSupreme Court of the United States · 1925
  2. Michigan Department of State Police v. SitzSupreme Court of the United States · 1990
  3. Cave v. CooleyNew Mexico Supreme Court · 1944
  4. Boone v. StateNew Mexico Supreme Court · 1986
  5. State v. JohnsonNew Mexico Court of Appeals · 1997

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

3Cited by24 opinions

  1. Tanner v. San Juan County Sheriff's OfficeDistrict Court, D. New Mexico · 2012
  2. State v. PaananenNew Mexico Supreme Court · 2015
  3. State v. MailmanNew Mexico Supreme Court · 2010
  4. Mocek v. City of AlbuquerqueDistrict Court, D. New Mexico · 2014
  5. State v. NanceNew Mexico Court of Appeals · 2011

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API