exigent circumstances exception (New Mexico) · Go Syfert
← New Mexico issues

exigent circumstances exception in New Mexico

35 New Mexico opinions name it 2 courts 1975–2022 3 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 (33)

CaseFollowedCited
State v. Corneaugreen
nmctapp · 1989 · cited in 5 New Mexico opinions naming this issue, 1998–2007
2 sentences

2001It is also the same definition set forth by this Court in State v. Corneau, 109 N.M. 81, 89 , 781 P.2d 1159, 1167 (Ct.App. 1989), defining exigent circumstances justifying the warrantless search of an apartment. {14} In Gomez, our Supreme Court therefore extended to persons in automobiles the same search and seizure protections under Article II, Section 10, of the New Mexico Constitution that apply to dwellings with regard to the exigent circumstances exception to the warrant requirement.

2001It is also the same definition set forth by this Court in State v. Corneau, 109 N.M. 81, 89 , 781 P.2d 1159, 1167 (Ct.App. 1989), defining exigent circumstances justifying the warrantless search of an apartment. {14} In Gomez, our Supreme Court therefore extended to persons in automobiles the same search and seizure protections under Article II, Section 10, of the New Mexico Constitution that apply to dwellings with regard to the exigent circumstances exception to the warrant requirement.

55
State v. Gomezgreen
nm · 1997 · cited in 7 New Mexico opinions naming this issue, 2007–2016
2 sentences

2009See Gomez, 16 1997-NMSC-006, ¶¶ 8, 41-42 ; cf. Bomboy, 2008-NMSC-029, ¶ 2 (concluding that the 17 warrantless seizure of contraband evidence in plain view inside an automobile is 18 justified by the exigent circumstances exception).

2007The Test for Exigent Circumstances {18} To prove that a search is justified under the exigent circumstances exception to the warrant requirement, there must exist “an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence.” State v. Gomez, 1997-NMSC-006, ¶39 , 122 N.M. 777 , 932 P.2d 1 (internal quotation marks and citation omitted). “[A] warrantless search of an automobile and its contents requires a particularized showing of exigent circumstances.” Id.

47
State v. Rowellgreen
nm · 2008 · cited in 5 New Mexico opinions naming this issue, 2008–2016
2 sentences

2016See State v. Leticia T., 2014-NMSC-020, ¶ 12 , 329 P.3d 636 (“A warrantless entry into a vehicle under the exigent circumstances exception requires probable cause plus exigent circumstances.”); State v. Rowell, 2008-NMSC-041, ¶¶ 26, 31 , 144 N.M. 371 , 188 P.3d 95 (recognizing that warrants are favored and a warrant is required to enter the vehicle unless a recognized exception to the warrant requirement can be proven); State v. Garcia, 2005-NMSC-017, ¶ 29 , 138 N.M. 1 , 116 P.3d 72 (“However, even with an object in plain view, an officer may not enter the car and seize the object, without eit

2016See State v. Leticia T., 2014-NMSC-020, ¶ 12 , 329 P.3d 636 (“A warrantless entry into a vehicle under the exigent circumstances exception requires probable cause plus exigent circumstances.”); State v. Rowell, 2008-NMSC-041, ¶¶ 26, 31 , 144 N.M. 371 , 188 P.3d 95 (recognizing that warrants are favored and a warrant is required to enter the vehicle unless a recognized exception to the warrant requirement can be proven); State v. Garcia, 2005-NMSC-017, ¶ 29 , 138 N.M. 1 , 116 P.3d 72 (“However, even with an object in plain view, an officer may not enter the car and seize the object, without eit

35
State v. Bomboygreen
nm · 2008 · cited in 4 New Mexico opinions naming this issue, 2008–2021
2 sentences

2009Cf. 12 Bomboy, 2008-NMSC-029, ¶ 17 (recognizing that “if following a lawful stop on a 13 roadway, an item in an automobile is in plain view and the officer has probable cause 14 to believe the item is evidence of a crime, the officer may seize the item,” as such 15 action is consistent with the exigent circumstances exception to the warrant 16 requirement) (emphasis added); State v. Rowell, 2008-NMSC-041, ¶¶ 33-34 , 144 17 N.M. 371 , 188 P.3d 95 (holding that the exigencies of the circumstances justified the 18 warrantless weapons search of the defendant’s vehicle when the handcuffed and 19 ar

2009See Gomez, 16 1997-NMSC-006, ¶¶ 8, 41-42 ; cf. Bomboy, 2008-NMSC-029, ¶ 2 (concluding that the 17 warrantless seizure of contraband evidence in plain view inside an automobile is 18 justified by the exigent circumstances exception).

24
State v. Ruffinogreen
nm · 1980 · cited in 3 New Mexico opinions naming this issue, 2010–2014
2 sentences

2014See State v. Ruffino, 1980NMSC-072, ¶ 3, 94 N.M. 500 , 612 P.2d 1311 .

2014See State v. Ruffino, 1980NMSC-072, ¶ 3, 94 N.M. 500 , 612 P.2d 1311 .

23
Birchfield v. N. Dakota. William Robert Bernardgreen
scotus · 2016 · cited in 2 New Mexico opinions naming this issue, 2017–2017
2 sentences

2017Nothing prevents the police from seeking a warrant for a blood test when there is sufficient time to do so in the particular circumstances or from relying on the exigent circumstances exception to the warrant requirement when there is not. 136 S.Ct. at 2184 (citation omitted).

2017Nothing prevents the police from seeking a warrant for a blood test when there is sufficient time to do so in the particular circumstances or from relying on the exigent circumstances exception to the warrant requirement when there is not. 136 S. Ct. at 2184 (citation omitted).

22
Missouri v. McNeelygreen
scotus · 2013 · cited in 2 New Mexico opinions naming this issue, 2017–2017
2 sentences

2017See Schmerber v. California , 384 U.S. 757 , 771-72, 86 S.Ct. 1826 , 16 L.Ed.2d 908 (1966) (concluding under the circumstances of that case that a warrantless blood alcohol test (BAT) was justified under the exigent circumstances exception and therefore not an unreasonable search); see also McNeely , 133 S.Ct. at 1557 (clarifying Schmerber and holding that the exigency exception for warrantless blood testing must be applied on a case-by-case basis, reasoning that the natural metabolism and thus dissipation of alcohol in the bloodstream does not, by itself, justify a per se rule); cf. Neville ,

2017See Schmerber v. California, 384 U.S. 757, 771-72 (1966) (concluding under the circumstances of that case that a warrantless blood alcohol test (BAT) was justified under the exigent circumstances exception and therefore not an unreasonable search); see also McNeely, 133 S. Ct. at 1557 (clarifying Schmerber and holding that the exigency exception for warrantless blood testing must be applied on a case- by-case basis, reasoning that the natural metabolism and thus dissipation of alcohol in the bloodstream does not, by itself, justify a per se rule); cf. Neville, 459 U.S. at 559 (answering in the

22
Schmerber v. Californiagreen
scotus · 1966 · cited in 2 New Mexico opinions naming this issue, 2017–2017
2 sentences

2017See Schmerber v. California , 384 U.S. 757 , 771-72, 86 S.Ct. 1826 , 16 L.Ed.2d 908 (1966) (concluding under the circumstances of that case that a warrantless blood alcohol test (BAT) was justified under the exigent circumstances exception and therefore not an unreasonable search); see also McNeely , 133 S.Ct. at 1557 (clarifying Schmerber and holding that the exigency exception for warrantless blood testing must be applied on a case-by-case basis, reasoning that the natural metabolism and thus dissipation of alcohol in the bloodstream does not, by itself, justify a per se rule); cf. Neville ,

2017See Schmerber v. California , 384 U.S. 757 , 771-72, 86 S.Ct. 1826 , 16 L.Ed.2d 908 (1966) (concluding under the circumstances of that case that a warrantless blood alcohol test (BAT) was justified under the exigent circumstances exception and therefore not an unreasonable search); see also McNeely , 133 S.Ct. at 1557 (clarifying Schmerber and holding that the exigency exception for warrantless blood testing must be applied on a case-by-case basis, reasoning that the natural metabolism and thus dissipation of alcohol in the bloodstream does not, by itself, justify a per se rule); cf. Neville ,

22
United States v. Johnsonyellow
scotus · 1982 · cited in 2 New Mexico opinions naming this issue, 2017–2017
2 sentences

2017Thus, the United States Supreme Court appears to have foreclosed any argument that a warrantless blood test for a drug other than alcohol, such as marijuana, can be justified under the search incident to arrest exception. {30} The State argues that Birchfield 's holding should not be applied retroactively, but the rule is to the contrary. "[A] new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final [.]" Griffith v. Kentucky , 479 U.S. 314 , 328, 107 S.Ct. 708 , 93 L.Ed.2d 649 (1987) (eliminating

2017Thus, the United States Supreme Court appears to have foreclosed any argument that a warrantless blood test for a drug other than alcohol, such as marijuana, can be justified under the search incident to arrest exception. {30} The State argues that Birchfield 's holding should not be applied retroactively, but the rule is to the contrary. "[A] new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final [.]" Griffith v. Kentucky , 479 U.S. 314 , 328, 107 S.Ct. 708 , 93 L.Ed.2d 649 (1987) (eliminating

22
State v. Weidnergreen
nmctapp · 2007 · cited in 2 New Mexico opinions naming this issue, 2014–2014
2 sentences

2014See State v. Weidner, 2007-NMCA-063, ¶ 6 , 141 N.M. 582 , 158 P.3d 1025 . “[T]he State bears the burden of proving reasonableness.” Rowell, 2008-NMSC-041, ¶ 10 (internal quotation marks and citation omitted). {12} A warrantless entry into a vehicle under the exigent circumstances exception requires probable cause plus exigent circumstances.

2014See State v. Weidner, 2007-NMCA-063, ¶ 6 , 141 N.M. 582 , 158 P.3d 1025 . “[T]he State bears the burden of proving reasonableness.” Rowell, 2008-NMSC-041, ¶ 10 (internal quotation marks and citation omitted). {12} A warrantless entry into a vehicle under the exigent circumstances exception requires probable cause plus exigent circumstances.

22
State v. Johnsongreen
nm · 2006 · cited in 2 New Mexico opinions naming this issue, 2010–2013
2 sentences

2013See id. ¶¶ 9, 11 (holding that a ten-to-twenty-second wait was sufficient to support an inference that admission was being denied based on the fact that “a small space” was involved, the police heard movement inside, and the defendant made no verbal response); State v. Johnson, 2006-NMSC-049, ¶¶ 12-17 , 140 N.M. 653 , 146 P.3d 298 (holding that a ten-second wait was reasonable to infer constructive refusal based on the small size of the hotel room and the fact that the defendant did not respond in any way); see also Gonzales, 2010-NMCA-023, ¶¶ 3, 16 (holding that an eight-second wait was too s

2013See id. ¶¶ 9, 11 (holding that a ten-to-twenty-second wait was sufficient to support an inference that admission was being denied based on the fact that “a small space” was involved, the police heard movement inside, and the defendant made no verbal response); State v. Johnson, 2006-NMSC-049, ¶¶ 12-17 , 140 N.M. 653 , 146 P.3d 298 (holding that a ten-second wait was reasonable to infer constructive refusal based on the small size of the hotel room and the fact that the defendant did not respond in any way); see also Gonzales, 2010-NMCA-023, ¶¶ 3, 16 (holding that an eight-second wait was too s

22
State v. Ryongreen
nm · 2005 · cited in 2 New Mexico opinions naming this issue, 2007–2007
2 sentences

2007See Ryon, 2005-NMSC-005 , ¶ 26 n. 4, 137 N.M. 174 , 108 P.3d 1032 (explaining that both the emergency assistance doctrine and the exigent circumstances exception “require a compelling and immediate need for police to take swift action to prevent imminent danger to life or serious injury which exceeds an individual’s privacy expectation in the home”).

2007See Ryon, 2005-NMSC-005 , ¶ 26 n. 4, 137 N.M. 174 , 108 P.3d 1032 (explaining that both the emergency assistance doctrine and the exigent circumstances exception “require a compelling and immediate need for police to take swift action to prevent imminent danger to life or serious injury which exceeds an individual’s privacy expectation in the home”).

22
State v. Arredondogreen
nmctapp · 1997 · cited in 2 New Mexico opinions naming this issue, 2007–2007
2 sentences

2007“We believe that a limited vehicle search for weapons when an officer reasonably believes he may be in danger comports with Article II, Section 10 of the New Mexico Constitution provided that it is based upon a particularized showing of exigent circumstances, rather than purely on the theoretical basis that harm could occur.” State v. Arredondo, 1997-NMCA-081, ¶ 17 , 123 N.M. 628 , 944 P.2d 276 (internal quotation marks and citations omitted), overruled on other grounds by State v. Steinzig, 1999-NMCA-107 , 127 N.M. 752 , 987 P.2d 409 .

2007“We believe that a limited vehicle search for weapons when an officer reasonably believes he may be in danger comports with Article II, Section 10 of the New Mexico Constitution provided that it is based upon a particularized showing of exigent circumstances, rather than purely on the theoretical basis that harm could occur.” State v. Arredondo, 1997-NMCA-081, ¶ 17 , 123 N.M. 628 , 944 P.2d 276 (internal quotation marks and citations omitted), overruled on other grounds by State v. Steinzig, 1999-NMCA-107 , 127 N.M. 752 , 987 P.2d 409 .

22
State v. Trudellegreen
nmctapp · 2007 · cited in 2 New Mexico opinions naming this issue, 2010–2022
2 sentences

2022“Whether the district court correctly determined that an exigency existed is a mixed question of fact and law that we review de novo.” Id. {9} The district court found that (1) the officer “could smell the strong odor of burning marijuana coming from the residence”; (2) when asked, “Defendant stated that he was 1After denying Defendant’s motion, the district court invited Defendant to file a renewed motion to suppress to develop testimony about the subjective intent of the officers for the primary purpose of the search under the emergency aid doctrine to Article II, Section 10 of the New Mexic

2022“A warrantless entry into a residence under the exigent circumstances rule requires probable cause plus exigent circumstances.” Trudelle, 2007-NMCA-066, ¶ 28 (internal quotation marks and citation omitted).

12
State v. McCumbergreen
neb · 2017 · cited in 2 New Mexico opinions naming this issue, 2017–2017
2 sentences

2017Thus, the United States Supreme Court appears to have foreclosed any argument that a warrantless blood test for a drug other than alcohol, such as marijuana, can be justified under the search incident to arrest exception. {30} The State argues that Birchfield 's holding should not be applied retroactively, but the rule is to the contrary. "[A] new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final [.]" Griffith v. Kentucky , 479 U.S. 314 , 328, 107 S.Ct. 708 , 93 L.Ed.2d 649 (1987) (eliminating

2017Thus, the United States Supreme Court appears to have foreclosed any argument that a warrantless blood test for a drug other than alcohol, such as marijuana, can be justified under the search incident to arrest exception. {30} The State argues that Birchfield 's holding should not be applied retroactively, but the rule is to the contrary. "[A] new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final [.]" Griffith v. Kentucky , 479 U.S. 314 , 328, 107 S.Ct. 708 , 93 L.Ed.2d 649 (1987) (eliminating

12
Griffith v. Kentuckygreen
scotus · 1987 · cited in 2 New Mexico opinions naming this issue, 2017–2017
2 sentences

2017Thus, the United States Supreme Court appears to have foreclosed any argument that a warrantless blood test for a drug other than alcohol, such as marijuana, can be justified under the search incident to arrest exception. {30} The State argues that Birchfield 's holding should not be applied retroactively, but the rule is to the contrary. "[A] new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final [.]" Griffith v. Kentucky , 479 U.S. 314 , 328, 107 S.Ct. 708 , 93 L.Ed.2d 649 (1987) (eliminating

2017Thus, the United States Supreme Court appears to have foreclosed any argument that a warrantless blood test for a drug other than alcohol, such as marijuana, can be justified under the search incident to arrest exception. {30} The State argues that Birchfield 's holding should not be applied retroactively, but the rule is to the contrary. "[A] new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases, state or federal, pending on direct review or not yet final [.]" Griffith v. Kentucky , 479 U.S. 314 , 328, 107 S.Ct. 708 , 93 L.Ed.2d 649 (1987) (eliminating

12
South Dakota v. Nevillegreen
scotus · 1983 · cited in 2 New Mexico opinions naming this issue, 2017–2017
2 sentences

2017See Schmerber v. California , 384 U.S. 757 , 771-72, 86 S.Ct. 1826 , 16 L.Ed.2d 908 (1966) (concluding under the circumstances of that case that a warrantless blood alcohol test (BAT) was justified under the exigent circumstances exception and therefore not an unreasonable search); see also McNeely , 133 S.Ct. at 1557 (clarifying Schmerber and holding that the exigency exception for warrantless blood testing must be applied on a case-by-case basis, reasoning that the natural metabolism and thus dissipation of alcohol in the bloodstream does not, by itself, justify a per se rule); cf. Neville ,

2017See Schmerber v. California, 384 U.S. 757, 771-72 (1966) (concluding under the circumstances of that case that a warrantless blood alcohol test (BAT) was justified under the exigent circumstances exception and therefore not an unreasonable search); see also McNeely, 133 S. Ct. at 1557 (clarifying Schmerber and holding that the exigency exception for warrantless blood testing must be applied on a case- by-case basis, reasoning that the natural metabolism and thus dissipation of alcohol in the bloodstream does not, by itself, justify a per se rule); cf. Neville, 459 U.S. at 559 (answering in the

12
City of Santa Fe v. Martinezgreen
nm · 2010 · cited in 1 New Mexico opinions naming this issue, 2016–2016
2 sentences

2016See 14 Martinez, 2010-NMSC-033, ¶ 14 (clarifying that “law enforcement officers 15 conducting DWI investigations . . . [would] be subjected to the constitutional 16 probable cause inquiry of felony warrantless arrests”); Rowell, 2008-NMSC-041 , ¶¶ 17 26, 31; Gomez, 1997-NMSC-006, ¶¶ 36-40 .

2016See Martinez, 2010-NMSC-033, ¶ 14 (clarifying that “law enforcement officers conducting DWI investigations . . . [would] be subjected to the constitutional probable cause inquiry of felony warrantless arrests”); Rowell, 2008-NMSC-041, ¶¶ 26, 31 ; Gomez, 1997-NMSC-006, ¶¶ 36-40 .

11
State v. Leticia T.green
nm · 2014 · cited in 1 New Mexico opinions naming this issue, 2016–2016
2 sentences

2016See State v. Leticia 3 T., 2014-NMSC-020, ¶ 12 , 329 P.3d 636 (“A warrantless entry into a vehicle under 4 the exigent circumstances exception requires probable cause plus exigent 5 circumstances.”); State v. Rowell, 2008-NMSC-041, ¶¶ 26, 31 , 144 N.M. 371 , 188 6 P.3d 95 (recognizing that warrants are favored and a warrant is required to enter the 7 vehicle unless a recognized exception to the warrant requirement can be proven); 8 State v. Garcia, 2005-NMSC-017, ¶ 29 , 138 N.M. 1 , 116 P.3d 72 (“However, even 9 with an object in plain view, an officer may not enter the car and seize the objec

2016See State v. Leticia T., 2014-NMSC-020, ¶ 12 , 329 P.3d 636 (“A warrantless entry into a vehicle under the exigent circumstances exception requires probable cause plus exigent circumstances.”); State v. Rowell, 2008-NMSC-041, ¶¶ 26, 31 , 144 N.M. 371 , 188 P.3d 95 (recognizing that warrants are favored and a warrant is required to enter the vehicle unless a recognized exception to the warrant requirement can be proven); State v. Garcia, 2005-NMSC-017, ¶ 29 , 138 N.M. 1 , 116 P.3d 72 (“However, even with an object in plain view, an officer may not enter the car and seize the object, without eit

11
State v. Ochoagreen
nm · 2004 · cited in 1 New Mexico opinions naming this issue, 2015–2015
11
United States v. Banksgreen
scotus · 2003 · cited in 1 New Mexico opinions naming this issue, 2013–2013
11
State v. Gonzalesgreen
nmctapp · 2009 · cited in 1 New Mexico opinions naming this issue, 2013–2013
11
Hudson v. Michigangreen
scotus · 2006 · cited in 1 New Mexico opinions naming this issue, 2013–2013
11
State v. Cohengreen
arizctapp · 1998 · cited in 1 New Mexico opinions naming this issue, 2013–2013
11
State v. Lopezgreen
nm · 2005 · cited in 1 New Mexico opinions naming this issue, 2013–2013
11
Sheryl J. Howard v. Jan Dickerson, and Charles Milton, Keith Purduegreen
ca10 · 1994 · cited in 1 New Mexico opinions naming this issue, 2011–2011
11
State v. Johnsongreen
nmctapp · 2004 · cited in 1 New Mexico opinions naming this issue, 2010–2010
11
People v. Raygreen
cal · 1999 · cited in 1 New Mexico opinions naming this issue, 2001–2001
11
People v. Davisgreen
mich · 1993 · cited in 1 New Mexico opinions naming this issue, 2001–2001
11
Abdi A. Sheik-Abdi v. Martin E. McClellangreen
ca7 · 1994 · cited in 1 New Mexico opinions naming this issue, 2001–2001
11
State v. Copelandgreen
nmctapp · 1986 · cited in 1 New Mexico opinions naming this issue, 1997–1997
11
State v. Ashegreen
utah · 1987 · cited in 1 New Mexico opinions naming this issue, 1995–1995
11
United States v. Levone Ray Maden John Paul Wilbon Geneva Gallegos, Also Known as Leann Raelgreen
ca10 · 1995 · cited in 1 New Mexico opinions naming this issue, 1995–1995
11

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 (21)

CaseCitedYears
State v. Nance green
nmctapp · 2011
2 sentences

2013State v. Nance, 2011-NMCA-048, ¶ 12 , 149 N.M. 644 , 253 P.3d 934 , cert. denied, 2011-NMCERT-004 , 150 N.M. 648 , 364 P.3d 1171 .

2013State v. Nance, 2011-NMCA-048, ¶ 12 , 149 N.M. 644 , 253 P.3d 934 , cert. denied, 2011-NMCERT-004 , 150 N.M. 648 , 364 P.3d 1171 .

22012–2013
State v. Nance neutral
nm · 2011
2 sentences

2013State v. Nance, 2011-NMCA-048, ¶ 12 , 149 N.M. 644 , 253 P.3d 934 , cert. denied, 2011-NMCERT-004 , 150 N.M. 648 , 364 P.3d 1171 .

2012State v. Nance, 2011-NMCA-048, ¶ 12 , 149 N.M. 644 , 253 P.3d 934 , cert. denied, 2011-NMCERT-004 , 150 N.M. 648 , 364 P.3d 1171 .

22012–2013
Welsh v. Wisconsin green
scotus · 1984
2 sentences

2011DWI Is Not a Minor Offense {13} In coming to its conclusion that there were no exigent circumstances and thus a warrant was required, the district court relied primarily on Howard, 34 F.3d at 982 (articulating that the warrantless arrest in a person’s home for a minor traffic violation was an unreasonable seizure under the Fourth Anendment), and Welsh, 466 U.S. at 753 , 104 S.Ct. 2091 (stating that the exigent circumstances exception in the context of a home entry “should rarely be sanctioned when there is probable cause to believe that only a minor offense ... has been committed”). {14} In Ho

2011DWI Is Not a Minor Offense {13} In coming to its conclusion that there were no exigent circumstances and thus a warrant was required, the district court relied primarily on Howard, 34 F.3d at 982 (articulating that the warrantless arrest in a person’s home for a minor traffic violation was an unreasonable seizure under the Fourth Anendment), and Welsh, 466 U.S. at 753 , 104 S.Ct. 2091 (stating that the exigent circumstances exception in the context of a home entry “should rarely be sanctioned when there is probable cause to believe that only a minor offense ... has been committed”). {14} In Ho

21998–2011
State v. Trudelle green
nmctapp · 2007
2 sentences

2010Id. ¶ 12. {16} Similarly, in State v. Trudelle, 2007-NMCA-066, ¶¶ 31-32 , 142 N.M. 18 , 162 P.3d 173 , we held that exigent circumstances did not justify the search of a home where the only articulable fact used to justify the search was a chemical odor coming from the home.

2010“A warrantless entry into a residence under the exigent circumstances rule requires probable cause plus exigent circumstances.” Id. (internal quotation marks and citation omitted).

22010–2010
State v. Valdez green
nmctapp · 1990
2 sentences

2007Exigent Circumstances {28} “A warrantless entry into a residence under the exigent circumstances rule requires probable cause plus exigent circumstances.” Valdez, 111 N.M. at 441 , 806 P.2d at 581 .

2007Exigent Circumstances {28} “A warrantless entry into a residence under the exigent circumstances rule requires probable cause plus exigent circumstances.” Valdez, 111 N.M. at 441 , 806 P.2d at 581 .

22007–2007
State v. Steinzig green
nmctapp · 1999
2 sentences

2007“We believe that a limited vehicle search for weapons when an officer reasonably believes he may be in danger comports with Article II, Section 10 of the New Mexico Constitution provided that it is based upon a particularized showing of exigent circumstances, rather than purely on the theoretical basis that harm could occur.” State v. Arredondo, 1997-NMCA-081, ¶ 17 , 123 N.M. 628 , 944 P.2d 276 (internal quotation marks and citations omitted), overruled on other grounds by State v. Steinzig, 1999-NMCA-107 , 127 N.M. 752 , 987 P.2d 409 .

2007“We believe that a limited vehicle search for weapons when an officer reasonably believes he may be in danger comports with Article II, Section 10 of the New Mexico Constitution provided that it is based upon a particularized showing of exigent circumstances, rather than purely on the theoretical basis that harm could occur.” State v. Arredondo, 1997-NMCA-081, ¶ 17 , 123 N.M. 628 , 944 P.2d 276 (internal quotation marks and citations omitted), overruled on other grounds by State v. Steinzig, 1999-NMCA-107 , 127 N.M. 752 , 987 P.2d 409 .

22007–2007
Mitchell v. Wisconsin green
scotus · 2019
2 sentences

2022Id. at 2534 .

2022Id. {4} The Supreme Court considered the constitutionality of the warrantless blood draw under the exigent circumstances exception to the warrant requirement.

12022–2022
Marshall v. Columbia Lea Regional Hospital green
ca10 · 2007
1 sentence

2018First, McNeely did not establish a new right of which Defendant may not have been aware, thus arguably making it unfair to make him stand suit and potentially hold 23 1 importantly, the law, specifically and under facts similar to those present here, was 2 clearly established as of at least 2003, when Marshall I—an on-point Tenth Circuit 3 case—was decided, and certainly no later than 2007, when Marshall v. Columbia 4 Regional Hospital (Marshall II), 474 F.3d 733 (10th Cir. 2007), was decided and 5 expressly held the specific right here at issue to be clearly established.

12018–2018
State v. Garcia green
nm · 2005
2 sentences

2016See State v. Leticia T., 2014-NMSC-020, ¶ 12 , 329 P.3d 636 (“A warrantless entry into a vehicle under the exigent circumstances exception requires probable cause plus exigent circumstances.”); State v. Rowell, 2008-NMSC-041, ¶¶ 26, 31 , 144 N.M. 371 , 188 P.3d 95 (recognizing that warrants are favored and a warrant is required to enter the vehicle unless a recognized exception to the warrant requirement can be proven); State v. Garcia, 2005-NMSC-017, ¶ 29 , 138 N.M. 1 , 116 P.3d 72 (“However, even with an object in plain view, an officer may not enter the car and seize the object, without eit

2016See State v. Leticia T., 2014-NMSC-020, ¶ 12 , 329 P.3d 636 (“A warrantless entry into a vehicle under the exigent circumstances exception requires probable cause plus exigent circumstances.”); State v. Rowell, 2008-NMSC-041, ¶¶ 26, 31 , 144 N.M. 371 , 188 P.3d 95 (recognizing that warrants are favored and a warrant is required to enter the vehicle unless a recognized exception to the warrant requirement can be proven); State v. Garcia, 2005-NMSC-017, ¶ 29 , 138 N.M. 1 , 116 P.3d 72 (“However, even with an object in plain view, an officer may not enter the car and seize the object, without eit

12016–2016
Campos v. State green
nm · 1994
2 sentences

2015The officers then entered the room without consent. [RP 72] The district 3 court determined that the concern for safety of the female in the room justified the 4 warrantless entry under the exigent circumstances exception. [RP 72] 5 {4} Exigent circumstances have been defined as “an emergency situation requiring 6 swift action to prevent imminent danger to life or serious damage to property, or to 7 forestall the imminent escape of a suspect or destruction of evidence.” Campos v. 8 State, 1994-NMSC-012 , ¶ 11, 117 N.M. 155 , 870 P.2d 117 (internal quotation marks 9 and citation omitted); see C

2015The officers then entered the room without consent. [RP 72] The district 3 court determined that the concern for safety of the female in the room justified the 4 warrantless entry under the exigent circumstances exception. [RP 72] 5 {4} Exigent circumstances have been defined as “an emergency situation requiring 6 swift action to prevent imminent danger to life or serious damage to property, or to 7 forestall the imminent escape of a suspect or destruction of evidence.” Campos v. 8 State, 1994-NMSC-012 , ¶ 11, 117 N.M. 155 , 870 P.2d 117 (internal quotation marks 9 and citation omitted); see C

12015–2015
Chavez v. Board of County Commissioners green
nmctapp · 2001
2 sentences

2015Comm'rs, 2001-NMCA-065, ¶ 17 , 10 130 N.M. 753 , 31 P.3d 1027 (observing that law enforcement officers may not make 11 a warrantless entry into a residence unless “exigent circumstances have been shown 12 indicating that immediate action is necessary to prevent imminent danger to life or 13 serious damage to property, to forestall the imminent escape of a suspect, or to prevent 14 the destruction of evidence” (internal quotation marks and citation omitted)).

2015Comm'rs, 2001-NMCA-065, ¶ 17 , 10 130 N.M. 753 , 31 P.3d 1027 (observing that law enforcement officers may not make 11 a warrantless entry into a residence unless “exigent circumstances have been shown 12 indicating that immediate action is necessary to prevent imminent danger to life or 13 serious damage to property, to forestall the imminent escape of a suspect, or to prevent 14 the destruction of evidence” (internal quotation marks and citation omitted)).

12015–2015
State v. Moore green
nmctapp · 2008
12010–2010
Acequia Madre v. Meyer neutral
nm · 1912
12009–2009
United States v. Sharpe green
scotus · 1985
12008–2008
State v. TYWAYNE H. green
nmctapp · 1997
12004–2004
United States v. Francisco Sangineto-Miranda, (87-5667) Luray Betts, (87-5668) Enrique Vargas, (87-5711) & Benjamin Nelson, (87-5712) green
ca6 · 1990
11998–1998
State v. Attaway green
nmctapp · 1992
11997–1997
State v. Calloway green
nmctapp · 1990
11995–1995
State v. Attaway green
nm · 1994
11995–1995
United States v. Paul Vernon Case, Gilbert Steele Sagaser and Frances Delores Sagaser green
ca7 · 1970
11975–1975
United States v. Barrow green
paed · 1962
11975–1975

Statutes the citing opinions construe

NM § N.M. Stat. § 30-31-20 (5) NM § N.M. Stat. § 30-7-2.1 (4) NM § N.M. Stat. § 66-8-102 (4) NM § N.M. Stat. § 30-28-2 (3) NM § N.M. Stat. § 30-31-25.1 (3) NM § N.M. Stat. § 66-8-105 (3) NM § N.M. Stat. § 66-8-111 (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

TX 134 (1975–2026) PA 118 (1974–2026) OH 113 (1978–2026) CA 83 (1977–2026) WA 72 (1973–2022) NJ 59 (1970–2026) WI 55 (1982–2026) IL 49 (1977–2023) IA 47 (1977–2025) OR 47 (1972–2026) MI 46 (1981–2025) CO 43 (1977–2026) FL 41 (1981–2026) NM 35 (1975–2022) TN 35 (1996–2026) VA 34 (1992–2026) ID 33 (1978–2026) NY 31 (1973–2024) MN 31 (1984–2025) IN 28 (1985–2025) SC 25 (1986–2025) CT 23 (1978–2023) MO 23 (1985–2019) ME 22 (1974–2024) UT 19 (1991–2025) ND 18 (1984–2019) LA 18 (1981–2026) GA 17 (1975–2026) KS 17 (1990–2022) DC 17 (1976–2018) MA 16 (1975–2025) MD 15 (1973–2026) NC 15 (1983–2026) NH 14 (1974–2018) MT 14 (1996–2024) AZ 13 (1984–2018) AL 13 (1976–2015) DE 11 (1974–2026) SD 11 (1978–2021) RI 11 (1983–2026) KY 9 (1979–2025) WV 9 (1985–2023) AR 7 (1992–2005) NV 7 (1989–2025) HI 6 (1981–2002) AK 5 (1993–2009) VT 5 (1982–2023) MS 5 (1997–2026) WY 2 (1987–2017) VI 2 (1984–2012) NE 2 (2015–2024)

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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