State v. Bedolla
New Mexico Court of Appeals
1Opinion of the Court
OPINION
ALARID, Chief Judge.
Defendant appeals his conviction for possession with intent to distribute cocaine. Defendant claims (1) the stop of his vehicle was constitutionally impermissible; (2) his subsequent consent was not voluntary and was an exploitation of the prior impermissible stop and detention; and (3) the drug evidence must be suppressed as fruit of the poisonous tree. We reverse because the search that led to the cocaine was the product of an illegal stop and because defendant’s consent to search his motel room was tainted by the illegal stop.
FACTS
Police officers received an…
2Cases cited41 opinions
- Terry v. OhioSupreme Court of the United States · 1968
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- Katz v. United StatesSupreme Court of the United States · 1967
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- Schneckloth v. BustamonteSupreme Court of the United States · 1973
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