9 New Mexico opinions name it 2 courts 2011–2019 0 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.
| Case | Followed | Cited |
|---|---|---|
United States v. Johnsonred2 sentences2017Thus, 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 | 2 | 2 |
Birchfield v. N. Dakota. William Robert Bernardgreen2 sentences2019Answering in the negative, the Court “conclude[d] that motorists cannot be deemed to have consented to submit to a blood test on pain of committing a criminal offense.” Id. at 2186 . {13} Our Supreme Court subsequently has recognized that “Birchfield prohibits punishment under implied consent laws based on an arrestee’s refusal to consent to and submit to a warrantless blood test.” Vargas, 2017-NMSC-029, ¶ 3 . 2016However, in light of the United States Supreme Court’s recent 14 holding in Birchfield v. North Dakota, __U.S.__, 136 S. Ct. 2160 (2016), we 15 conclude that Defendant may not be held criminally liable for refusing to submit to 16 a warrantless blood test based on implied consent. | 1 | 3 |
State v. McCumbergreen2 sentences2017Thus, 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 | 1 | 2 |
Griffith v. Kentuckygreen2 sentences2017Thus, 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 | 1 | 2 |
Fugere v. STATE, TAX. & REV. DEPT., MVDgreen2 sentences2019See Fugere v. State, Taxation & Revenue Dep’t, 1995-NMCA-040 , ¶ 13, 120 N.M. 29 , 897 P.2d 216 (citing a Commonwealth Court of Pennsylvania case for the determination that “anything less than unqualified assent to take a breath test constitutes a refusal”). 2019See Fugere v. State, Taxation & Revenue Dep’t, 1995-NMCA-040 , ¶ 13, 120 N.M. 29 , 897 P.2d 216 (citing a Commonwealth Court of Pennsylvania case for the determination that “anything less than unqualified assent to take a breath test constitutes a refusal”). | 1 | 1 |
Smith v. Williamston Millsgreen1 sentence2017Birchfield v. North Dakota, ___ U.S. ___, ___, 136 S. Ct. 9 2160, 2184-86 (2016). | 1 | 1 |
State v. Richersongreen2 sentences2011Similarly, while the United States Supreme Court in Schmerber approved of a warrantless blood test due to exigent circumstances, which included the dissipation of blood alcohol, 384 U.S. at 770-71 , 86 S.Ct. 1826 , the Court explicitly limited the decision to the facts, noting that “[t]he integrity of an individual’s person is a cherished value of our society” and that the holding “that the Constitution does not forbid the State’s minor intrusions into an individual’s body under stringently limited conditions in no way indicates that it permits more substantial intrusions, or intrusions under 2011Similarly, while the United States Supreme Court in Schmerber approved of a warrantless blood test due to exigent circumstances, which included the dissipation of blood alcohol, 384 U.S. at 770-71 , 86 S.Ct. 1826 , the Court explicitly limited the decision to the facts, noting that “[t]he integrity of an individual’s person is a cherished value of our society” and that the holding “that the Constitution does not forbid the State’s minor intrusions into an individual’s body under stringently limited conditions in no way indicates that it permits more substantial intrusions, or intrusions under | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Gomez
green
2 sentences2017State v. Gomez, 1997- 18 NMSC-006, ¶ 31 n.4, 122 N.M. 777 , 932 P.2d 1 . 10 1 {15} The State’s concern with the Court of Appeals’s review sua sponte of the 2 merits of Vargas’s argument is that it was not provided an opportunity for additional 3 briefing to address the scope and applicability of Birchfield, and was therefore 4 inhibited from developing the record to address the circumstances that would support 5 probable cause and exigent circumstances justifying a warrantless blood test. 2017State v. Gomez, 1997- 18 NMSC-006, ¶ 31 n.4, 122 N.M. 777 , 932 P.2d 1 . 10 1 {15} The State’s concern with the Court of Appeals’s review sua sponte of the 2 merits of Vargas’s argument is that it was not provided an opportunity for additional 3 briefing to address the scope and applicability of Birchfield, and was therefore 4 inhibited from developing the record to address the circumstances that would support 5 probable cause and exigent circumstances justifying a warrantless blood test. | 2 | 2017–2017 |
State v. Vargas
green
1 sentence2019Answering in the negative, the Court “conclude[d] that motorists cannot be deemed to have consented to submit to a blood test on pain of committing a criminal offense.” Id. at 2186 . {13} Our Supreme Court subsequently has recognized that “Birchfield prohibits punishment under implied consent laws based on an arrestee’s refusal to consent to and submit to a warrantless blood test.” Vargas, 2017-NMSC-029, ¶ 3 . | 1 | 2019–2019 |
Marshall v. Columbia Lea Regional Hospital
green
2 sentences2018Marshall II, 474 F.3d at 735 . 3 The officers argued that “the district court erred when it denied their post-judgment 4 motion for judgment as a matter of law based on qualified immunity.” Id. at 737 . 5 Specifically, the officers contended that at the time they ordered the blood draw, 6 “no clearly established law precluded a warrantless nonconsensual blood test.” Id. 7 The Marshall II court flatly rejected that contention. 2018Marshall II, 474 F.3d at 735 . 3 The officers argued that “the district court erred when it denied their post-judgment 4 motion for judgment as a matter of law based on qualified immunity.” Id. at 737 . 5 Specifically, the officers contended that at the time they ordered the blood draw, 6 “no clearly established law precluded a warrantless nonconsensual blood test.” Id. 7 The Marshall II court flatly rejected that contention. | 1 | 2018–2018 |
Schmerber v. California
green
2 sentences2011Similarly, while the United States Supreme Court in Schmerber approved of a warrantless blood test due to exigent circumstances, which included the dissipation of blood alcohol, 384 U.S. at 770-71 , 86 S.Ct. 1826 , the Court explicitly limited the decision to the facts, noting that “[t]he integrity of an individual’s person is a cherished value of our society” and that the holding “that the Constitution does not forbid the State’s minor intrusions into an individual’s body under stringently limited conditions in no way indicates that it permits more substantial intrusions, or intrusions under 2011Similarly, while the United States Supreme Court in Schmerber approved of a warrantless blood test due to exigent circumstances, which included the dissipation of blood alcohol, 384 U.S. at 770-71 , 86 S.Ct. 1826 , the Court explicitly limited the decision to the facts, noting that “[t]he integrity of an individual’s person is a cherished value of our society” and that the holding “that the Constitution does not forbid the State’s minor intrusions into an individual’s body under stringently limited conditions in no way indicates that it permits more substantial intrusions, or intrusions under | 1 | 2011–2011 |
State v. Copeland
green
2 sentences2011In Copeland, a drunk driver struck and killed a police officer in a hit and run accident. 105 N.M. at 29 , 727 P.2d at 1344 . 2011In Copeland, a drunk driver struck and killed a police officer in a hit and run accident. 105 N.M. at 29 , 727 P.2d at 1344 . | 1 | 2011–2011 |
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.
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.