[DOWNLOAD] "State v. Snyder" by New Mexico Court of Appeals # Book PDF Kindle ePub Free

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eBook details

• Title: State v. Snyder
• Author : New Mexico Court of Appeals
• Release Date : January 16, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Certiorari denied No. 25,407, November 4, 1998 APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY Frank K. Wilson, District Judge {1} Defendant appeals his conviction for possession of marijuana with intent to distribute in violation of NMSA 1978, § 30-31-22(A)(1) (1990), on the grounds that the district court erred in denying his motion to suppress evidence seized as a result of a warrantless search of his automobile by agents of the United States Border Patrol at a fixed checkpoint near Orogrande, New Mexico. Defendant asserts that the district court's failure to exclude this evidence from his trial violated his rights under Article II, Section 10 of the New Mexico Constitution because the State failed to make a particularized showing of exigent circumstances as required under State v. Gomez, 1997-NMSC-006, 39, 122 N.M. 777, 932 P.2d 1. Based on the independent grounds provided by our state constitution, we determine that the exclusionary rule under Article II, Section 10 applies to the use of evidence in a New Mexico state court proceeding when that evidence resulted from a search conducted by federal border-patrol agents at a checkpoint in New Mexico. However, because we determine that the state constitutional requirement of exigent circumstances for a warrantless search of an automobile was met in this case, we affirm Defendant's conviction. I. BACKGROUND

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