Legal Opinion

United States v. Martinez

District Court, D. New Mexico

Decided February 25, 2010No. CR 09-2439 JBPublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant’s Motion' to Suppress and Supporting Brief, filed December 1, 2009 (Doc. 46). The Court held an evidentiary hearing on October 29, 2009. The primary issues are: (i) whether Defendant Joseph Martinez’ statements were attenuated from the taint of the Fourth-Amendment violation and were not a fruit of the poisonous tree; (ii) whether the evidence found within Martinez’ house would have inevitably been discovered notwithstanding the Fourth-Amendment violation; and (iii) whether the…

2Cases cited79 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Illinois v. GatesSupreme Court of the United States · 1983
  3. Wong Sun v. United StatesSupreme Court of the United States · 1963
  4. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  5. United States v. LeonSupreme Court of the United States · 1984

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

3Cited by12 opinions

  1. United States v. AlabiDistrict Court, D. New Mexico · 2013
  2. United States v. MartinezCourt of Appeals for the Tenth Circuit · 2011
  3. United States v. ChristyDistrict Court, D. New Mexico · 2011
  4. United States v. LoeraDistrict Court, D. New Mexico · 2016
  5. United States v. RodriguezDistrict Court, D. New Mexico · 2011

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