section 10 key inquiry (New Mexico) · Go Syfert
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section 10 key inquiry in New Mexico

7 New Mexico opinions name it 2 courts 2011–2022 1 in the last five years

The cases below were cited by New Mexico courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Campos v. Stategreen
nm · 1994 · cited in 2 New Mexico opinions naming this issue, 2011–2012
2 sentences

2012See Campos v. 16 State, 117 N.M. 155, 157 , 870 P.2d 117, 119 (1994) (“[T]he ultimate question is 17 whether the search and seizure was reasonable.” (internal quotation marks and citation 18 omitted)); State v. Attaway, 117 N.M. 141, 149 , 870 P.2d 103, 111 (1994), modified 19 on other grounds by State v. Lopez, 2005-NMSC-018, ¶¶ 13-20 , 138 N.M. 9 , 116 P.3d 20 80.

2012See Campos v. 16 State, 117 N.M. 155, 157 , 870 P.2d 117, 119 (1994) (“[T]he ultimate question is 17 whether the search and seizure was reasonable.” (internal quotation marks and citation 18 omitted)); State v. Attaway, 117 N.M. 141, 149 , 870 P.2d 103, 111 (1994), modified 19 on other grounds by State v. Lopez, 2005-NMSC-018, ¶¶ 13-20 , 138 N.M. 9 , 116 P.3d 20 80.

22
State v. Attawaygreen
nm · 1994 · cited in 2 New Mexico opinions naming this issue, 2011–2012
2 sentences

2012See Campos v. 16 State, 117 N.M. 155, 157 , 870 P.2d 117, 119 (1994) (“[T]he ultimate question is 17 whether the search and seizure was reasonable.” (internal quotation marks and citation 18 omitted)); State v. Attaway, 117 N.M. 141, 149 , 870 P.2d 103, 111 (1994), modified 19 on other grounds by State v. Lopez, 2005-NMSC-018, ¶¶ 13-20 , 138 N.M. 9 , 116 P.3d 20 80.

2012See Campos v. 16 State, 117 N.M. 155, 157 , 870 P.2d 117, 119 (1994) (“[T]he ultimate question is 17 whether the search and seizure was reasonable.” (internal quotation marks and citation 18 omitted)); State v. Attaway, 117 N.M. 141, 149 , 870 P.2d 103, 111 (1994), modified 19 on other grounds by State v. Lopez, 2005-NMSC-018, ¶¶ 13-20 , 138 N.M. 9 , 116 P.3d 20 80.

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
State v. Ketelson green
nm · 2011
2 sentences

2022We must consider whether the New Mexico Constitution provides broader protection, and “we may diverge from federal precedent for three reasons: a flawed federal analysis, structural differences between state and federal government, or distinctive state characteristics.” State v. Ketelson, 2011-NMSC-023, ¶ 10 , 150 N.M. 137 , 257 P.3d 957 (internal quotation marks and citation omitted). {17} Article II, Section 10 of the New Mexico Constitution guarantees that “[t]he people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures.” “The key inquiry un

2022We must consider whether the New Mexico Constitution provides broader protection, and “we may diverge from federal precedent for three reasons: a flawed federal analysis, structural differences between state and federal government, or distinctive state characteristics.” State v. Ketelson, 2011-NMSC-023, ¶ 10 , 150 N.M. 137 , 257 P.3d 957 (internal quotation marks and citation omitted). {17} Article II, Section 10 of the New Mexico Constitution guarantees that “[t]he people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures.” “The key inquiry un

42018–2022
State v. Granville green
nmctapp · 2006
2 sentences

2018"We avoid bright-line, per se rules in determining reasonableness; instead, we consider the facts of each case." State v. Granville , 2006-NMCA-098 , ¶ 18, 140 N.M. 345 , 142 P.3d 933 . {44} Defendant argues that upholding the district court ruling would create a bright-line, per se standard whereby the commission of non-violent identity offenses would always be sufficient to purge the taint of an unconstitutional seizure and would thus contradict our preference to consider the facts of each case.

2018"We avoid bright-line, per se rules in determining reasonableness; instead, we consider the facts of each case." State v. Granville , 2006-NMCA-098 , ¶ 18, 140 N.M. 345 , 142 P.3d 933 . {44} Defendant argues that upholding the district court ruling would create a bright-line, per se standard whereby the commission of non-violent identity offenses would always be sufficient to purge the taint of an unconstitutional seizure and would thus contradict our preference to consider the facts of each case.

22018–2018
State v. Lopez green
nm · 2005
2 sentences

2012See Campos v. 16 State, 117 N.M. 155, 157 , 870 P.2d 117, 119 (1994) (“[T]he ultimate question is 17 whether the search and seizure was reasonable.” (internal quotation marks and citation 18 omitted)); State v. Attaway, 117 N.M. 141, 149 , 870 P.2d 103, 111 (1994), modified 19 on other grounds by State v. Lopez, 2005-NMSC-018, ¶¶ 13-20 , 138 N.M. 9 , 116 P.3d 20 80.

2012See Campos v. 16 State, 117 N.M. 155, 157 , 870 P.2d 117, 119 (1994) (“[T]he ultimate question is 17 whether the search and seizure was reasonable.” (internal quotation marks and citation 18 omitted)); State v. Attaway, 117 N.M. 141, 149 , 870 P.2d 103, 111 (1994), modified 19 on other grounds by State v. Lopez, 2005-NMSC-018, ¶¶ 13-20 , 138 N.M. 9 , 116 P.3d 20 80.

22011–2012
State v. Duran yellow
nm · 2005
1 sentence

2018As set forth in Duran, the proper inquiry under Article 14 II, Section 10 is that “all questions asked by police officers during a traffic stop must 15 be analyzed to ensure they are reasonably related to the initial justification for the stop 16 or are supported by reasonable suspicion.” 2005-NMSC-034, ¶ 35 .

12018–2018

Statutes the citing opinions construe

NM § N.M. Stat. § 34-5-14 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NM 7 (2011–2022) AL 5 (2004–2014) TX 2 (2018–2020) OR 2 (2023–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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