Legal Opinion

State v. Johnson

New Mexico Court of Appeals

Decided May 18, 2004No. 23,463PublishedCited by 10 opinions

1Opinion of the Court

OPINION

FRY, Judge.

{1} Defendant Randy Johnson appeals the denial of a motion to suppress evidence that was obtained pursuant to a valid search warrant. He argues that the search presented no exigent circumstances and that the police violated the “knock-and-announce” requirements of the state and federal constitutions by breaking into his motel room only ten seconds after making their presence known. We agree with Defendant and reverse.

BACKGROUND

{2} Detective John Sharkey of the Bernalillo County Sheriffs Department obtained a search warrant for a ground-floor motel room on Central Avenue in…

2Cases cited12 opinions

  1. Richards v. WisconsinSupreme Court of the United States · 1997
  2. United States v. BanksSupreme Court of the United States · 2003
  3. State v. AttawayNew Mexico Supreme Court · 1994
  4. United States v. JenkinsCourt of Appeals for the Tenth Circuit · 1999
  5. State v. VargasNew Mexico Court of Appeals · 1995

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

3Cited by10 opinions

  1. State v. TrudelleNew Mexico Court of Appeals · 2007
  2. Davis v. StateCourt of Appeals of Maryland · 2004
  3. State v. TrudelleNew Mexico Court of Appeals · 2007
  4. State v. JohnsonNew Mexico Supreme Court · 2006
  5. State v. HandNew Mexico Supreme Court · 2008

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

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