Legal Opinion

State v. Madalena

New Mexico Court of Appeals

Decided September 19, 1995No. 16008PublishedCited by 13 opinions

1Opinion of the Court

OPINION

FLORES, Judge.

1.Defendant was convicted of driving while intoxicated (DWI) after being stopped at a sobriety checkpoint, also known as a DWI roadblock, conducted by the Albuquerque Police Department (APD). Defendant appeals on the basis that the roadblock was an unconstitutional search and seizure under Article II, Sections 4 and 10 of the New Mexico Constitution, which Defendant contends provide greater protection than the Fourth Amendment to the United States Constitution. We hold that the roadblock was a reasonable search and seizure under the New Mexico Constitution and affirm…

2Cases cited33 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. Brown v. TexasSupreme Court of the United States · 1979
  3. Michigan Department of State Police v. SitzSupreme Court of the United States · 1990
  4. State v. AttawayNew Mexico Supreme Court · 1994
  5. State v. DeskinsSupreme Court of Kansas · 1983

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3Cited by13 opinions

  1. State v. GranvilleNew Mexico Court of Appeals · 2006
  2. State v. GranvilleNew Mexico Court of Appeals · 2006
  3. State v. DuarteNew Mexico Court of Appeals · 2006
  4. State v. RuedaNew Mexico Court of Appeals · 1998
  5. Commonwealth v. BothmanCourt of Appeals of Kentucky · 1997

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

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