Legal Opinion
State v. Randy J.
New Mexico Court of Appeals
Decided July 25, 2011No. 29,791; 33,170PublishedCited by 21 opinions
1Opinion of the Court
OPINION
GARCIA, Judge.
{1} Whenever children are subject to an investigatory detention, they must be advised of their right to remain silent and advised that anything they say can be used against them. If a child is not advised of his or her rights, “any statement or confession” by the child is inadmissible in court pursuant to NMSA 1978, Section 32A-2-14(C), (D) (2003) (amended 2009). It is undisputed that Randy J. (Child) was subject to an investigatory detention for driving under the influence (DUI) and that the investigating officer failed to advise Child of his constitutional rights as…
2Cases cited31 opinions
- Pennsylvania v. MunizSupreme Court of the United States · 1990
- State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
- State v. GallegosNew Mexico Supreme Court · 2007
- State v. DavisNew Mexico Supreme Court · 2003
- State v. JAVIER M.New Mexico Supreme Court · 2001
26 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. RomeroNew Mexico Supreme Court · 2018
- State v. SuskiewichNew Mexico Court of Appeals · 2015
- State v. Wyatt B.New Mexico Court of Appeals · 2015
- People v. CannergeiterSuperior Court of The Virgin Islands · 2016
- State v. SedilloNew Mexico Court of Appeals · 2014
16 more not listed; retrieve them via the Exa API.