Legal Opinion

State v. Sanchez

New Mexico Court of Appeals

Decided July 21, 1975No. 1685PublishedCited by 10 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

Defendant was convicted of possessing heroin in violation of § 54-11-23, N.M.S.A. 1953 (Repl.Vol. 8, pt. 2, 1973 Supp.). Defendant appeals. We reverse.

The denial of defendant’s motion to suppress evidence seized from his apartment was reversible error for the following reasons :(1) The mode of procedure in which the police officers gained entry into defendant’s apartment was unlawful, in violation of defendant’s Fourth Amendment guarantee against unreasonable searches and seizures.(2) The manner of entry was unconstitutional, because: (a) The police officer who knocked did…

Also in this document: Concurrence.

2Cases cited26 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Ker v. CaliforniaSupreme Court of the United States · 1963
  3. Miller v. United StatesSupreme Court of the United States · 1958
  4. Sabbath v. United StatesSupreme Court of the United States · 1968
  5. People v. BradleyCalifornia Supreme Court · 1969

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

3Cited by10 opinions

  1. State v. DuffyNew Mexico Supreme Court · 1998
  2. State v. SanchezNew Mexico Supreme Court · 1975
  3. State v. RauchIdaho Supreme Court · 1978
  4. State v. LaPonsieCourt of Appeals of Arizona · 1982
  5. McKay v. Farmers & Stockmens Bank of ClaytonNew Mexico Court of Appeals · 1978

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

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