Legal Opinion
State v. Santiago
New Mexico Supreme Court
Decided April 1, 2010No. 31,247PublishedCited by 7 opinions
1Opinion of the Court
OPINION
BOSSON, Justice.
{1} The subject of a first-degree murder prosecution, Defendant successfully moved to suppress incriminating evidence that the police obtained from his house on the basis that the warrant did not authorize a nighttime search. Rather than proceed to trial without the evidence, the State appealed the suppression directly to this Court.
{2} We address for the first time this Court’s Rule 5-211(B) NMRA, which requires special permission to conduct a nighttime search. We discuss the rule’s rationale and explain the circumstances that trigger its application. We hold that when…
2Cases cited17 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Payton v. New YorkSupreme Court of the United States · 1980
- Monroe v. PapeSupreme Court of the United States · 1961
- Weeks v. United StatesSupreme Court of the United States · 1914
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3Cited by7 opinions
- State v. FarishNew Mexico Supreme Court · 2021
- State v. MontoyaNew Mexico Court of Appeals · 2010
- State v. TapiaNew Mexico Supreme Court · 2018
- State v. TapiaNew Mexico Supreme Court · 2018
- Davis v. New Mexico Department of Game and FishDistrict Court, D. New Mexico · 2020
2 more not listed; retrieve them via the Exa API.