Legal Opinion

State v. Branham

New Mexico Court of Appeals

Decided September 30, 2004No. 24,309PublishedCited by 10 opinions

1Opinion of the Court

OPINION

WECHSLER, Chief Judge.

{1} The State of New Mexico appeals the district court’s grant of Defendant’s motion to suppress evidence because Defendant was driving on a road within the Mescalero Apache Indian Reservation and was stopped by a New Mexico state police officer. The State argues that the district court erred in concluding that there was no agreement between the Bureau of Indian Affairs (BIA) and/or the Mescalero Apache Tribe and the New Mexico state police authorizing the state police to patrol the Mescalero Reservation. In the alternative, the State argues that even if there was…

2Cases cited13 opinions

  1. State v. OgdenNew Mexico Supreme Court · 1994
  2. State v. JAVIER M.New Mexico Supreme Court · 2001
  3. State v. VandenbergNew Mexico Supreme Court · 2003
  4. New Mexico Cattle Growers Ass'n v. United States Fish & Wildlife ServiceCourt of Appeals for the Tenth Circuit · 2001
  5. State v. CleveNew Mexico Supreme Court · 1999

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3Cited by10 opinions

  1. State v. HarrisonNew Mexico Supreme Court · 2010
  2. Allender v. ScottDistrict Court, D. New Mexico · 2005
  3. Loya v. GutierrezNew Mexico Supreme Court · 2015
  4. State v. MarquezNew Mexico Court of Appeals · 2007
  5. Garcia v. N.M. Dep’t of Transp.New Mexico Court of Appeals · 2023

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