Legal Opinion

State v. Gutierrez

New Mexico Court of Appeals

Decided November 26, 2007No. 26,455PublishedCited by 9 opinions

1Opinion of the Court

OPINION

WECHSLER, Judge.

{1} Defendant Adrian Gutierrez entered a conditional guilty plea on a felon in possession of a firearm charge and now appeals the district court’s denial of his motion to suppress evidence. In this case, police officers were dispatched to a third party’s home to assist a bail bondsman in the apprehension of Defendant, who failed to appear for an arraignment earlier that day. Accompanied by the bail bondsman, the officers made a warrantless, nonconsensual entry into the third party’s home under circumstances that presented no exigency. Upon finding Defendant asleep on a…

2Cases cited11 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. United States v. Ronald James ColemanCourt of Appeals for the Sixth Circuit · 1980
  3. State v. RyonNew Mexico Supreme Court · 2005
  4. State v. Cardenas-AlvarezNew Mexico Supreme Court · 2001
  5. State v. LopezNew Mexico Court of Appeals · 1987

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

3Cited by9 opinions

  1. State v. GutierrezNew Mexico Court of Appeals · 2008
  2. State v. HuettlNew Mexico Court of Appeals · 2013
  3. State v. MoranNew Mexico Court of Appeals · 2008
  4. State v. CroccoNew Mexico Court of Appeals · 2012
  5. Reinhardt v. The City of BuffaloDistrict Court, W.D. New York · 2025

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