Legal Opinion
State v. Marquart
New Mexico Court of Appeals
Decided July 30, 1997No. 17767PublishedCited by 22 opinions
1Opinion of the Court
OPINION
DONNELLY, Judge.
1. In this appeal we examine the issue of whether the trial court erred in revoking Defendant’s probation based, in part, on the basis of evidence obtained from an allegedly illegal search of Defendant’s person and vehicle. Because we find that the exclusionary rule of Article II, Section 10 of the New Mexico Constitution applies in probation revocation hearings, we reverse and remand for further proceedings.
FACTS AND PROCEDURAL HISTORY
2. On June 17,1996, Officer Paul Martino of the City of Tucumcari Police Department stopped Defendant for not wearing his seat belt.…
2Cases cited40 opinions
- United States v. CalandraSupreme Court of the United States · 1974
- State v. GomezNew Mexico Supreme Court · 1997
- United States v. Virginia Consuelo-GonzalezCourt of Appeals for the Ninth Circuit · 1975
- State v. AttawayNew Mexico Supreme Court · 1994
- State v. GutierrezNew Mexico Supreme Court · 1993
35 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Commonwealth v. Arter, K., Aplt.Supreme Court of Pennsylvania · 2016
- State v. BacaNew Mexico Court of Appeals · 2004
- State v. SnyderNew Mexico Court of Appeals · 1998
- State v. PonceNew Mexico Court of Appeals · 2004
- State v. PittmanNew Mexico Court of Appeals · 2005
17 more not listed; retrieve them via the Exa API.