Legal Opinion
State v. Hermosillo
New Mexico Court of Appeals
Decided August 14, 2014No. 34,863; Docket 32,891PublishedCited by 4 opinions
1Opinion of the Court
OPINION
GARCIA, Judge.
{1} Defendant, a probationer, pled no contest to trafficking controlled substances and delivery or manufacture of drug paraphernalia, reserving the right to appeal from the district court’s denial of his motion to suppress. In this opinion, we determine whether Defendant’s Fifth Amendment rights were violated when he was not given the warnings required by Miranda v. Arizona, 384 U.S. 436, 444-45 (1966), while handcuffed and questioned in his home by his probation officer during a random home visit. We hold that, under the specific facts of this case, Defendant was not “in…
2Cases cited21 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Berkemer v. McCartySupreme Court of the United States · 1984
- Minnesota v. MurphySupreme Court of the United States · 1984
- United States v. Sewn NewtonCourt of Appeals for the Second Circuit · 2004
- State v. DonaldsonNew Mexico Court of Appeals · 1983
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3Cited by4 opinions
- State v. John PowersSupreme Court of Vermont · 2016
- State v. WidmerNew Mexico Court of Appeals · 2018
- State v. HernandezNew Mexico Court of Appeals · 2017
- State v. WidmerNew Mexico Court of Appeals · 2018