Gomez analysis in New Mexico

8 New Mexico opinions name it 2 courts 1986–2015 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.

Followed or applied (4)

Case	Followed	Cited
State v. Gomezgreen nm · 1997 · cited in 5 New Mexico opinions naming this issue, 1999–2015 2 sentences 2011L.Rev. 407, 420-22 (2009), we conclude that Gomez’ rule is sound — but that some opinions have strayed by imposing a higher standard, unwarranted by Rule 12-216. {39} The defendant in Gomez filed a motion to suppress evidence found during a car search conducted in the absence of a warrant or exigent circumstances, stating that the search violated his rights under the Fourth Amendment and Article II, Section 10; he cited cases interpreting Article II, Section 10 more expansively than the Fourth Amendment during argument on the motion. 1997-NMSC-006, ¶¶ 3, 10 , 122 N.M. 777 , 932 P.2d 1 . 2011L.Rev. 407, 420-22 (2009), we conclude that Gomez’ rule is sound — but that some opinions have strayed by imposing a higher standard, unwarranted by Rule 12-216. {39} The defendant in Gomez filed a motion to suppress evidence found during a car search conducted in the absence of a warrant or exigent circumstances, stating that the search violated his rights under the Fourth Amendment and Article II, Section 10; he cited cases interpreting Article II, Section 10 more expansively than the Fourth Amendment during argument on the motion. 1997-NMSC-006, ¶¶ 3, 10 , 122 N.M. 777 , 932 P.2d 1 .	2	5
State v. McDanielgreen nmctapp · 2004 · cited in 1 New Mexico opinions naming this issue, 2011–2011 2 sentences 2011See State v. McDaniel, 2004- 20 NMCA-022, ¶ 8, 135 N.M. 84 , 84 P.3d 701 . 2011See State v. McDaniel, 2004- 20 NMCA-022, ¶ 8, 135 N.M. 84 , 84 P.3d 701 .	1	1
State v. Penared nm · 1989 · cited in 1 New Mexico opinions naming this issue, 1997–1997 2 sentences 1997In State v. Pena, 108 N.M. 760, 762 , 779 P.2d 538, 540 (1989), and State v. Apodaca, 112 N.M. 302, 305-06 , 814 P.2d 1030, 1033-34 (Ct.App.1991), New Mexico courts, relying on Ross, acknowledged that a warrantless search of an automobile and its contents is permitted under the Fourth Amendment. 35. —Pena is not controlling precedent. 1997In State v. Pena, 108 N.M. 760, 762 , 779 P.2d 538, 540 (1989), and State v. Apodaca, 112 N.M. 302, 305-06 , 814 P.2d 1030, 1033-34 (Ct.App.1991), New Mexico courts, relying on Ross, acknowledged that a warrantless search of an automobile and its contents is permitted under the Fourth Amendment. 35. —Pena is not controlling precedent.	1	1
State v. Apodacagreen nmctapp · 1991 · cited in 1 New Mexico opinions naming this issue, 1997–1997 2 sentences 1997In State v. Pena, 108 N.M. 760, 762 , 779 P.2d 538, 540 (1989), and State v. Apodaca, 112 N.M. 302, 305-06 , 814 P.2d 1030, 1033-34 (Ct.App.1991), New Mexico courts, relying on Ross, acknowledged that a warrantless search of an automobile and its contents is permitted under the Fourth Amendment. 35. —Pena is not controlling precedent. 1997In State v. Pena, 108 N.M. 760, 762 , 779 P.2d 538, 540 (1989), and State v. Apodaca, 112 N.M. 302, 305-06 , 814 P.2d 1030, 1033-34 (Ct.App.1991), New Mexico courts, relying on Ross, acknowledged that a warrantless search of an automobile and its contents is permitted under the Fourth Amendment. 35. —Pena is not controlling precedent.	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

Case	Cited	Years
State v. Garcia green nm · 2009 2 sentences 2011Although it has been suggested that the Gomez rule should be altered to encourage development of our state constitutional jurisprudence, see State v. Garcia, 2009-NMSC-046, ¶ 56 , 147 N.M. 134 , 217 P.3d 1032 (Bosson, J., specially concurring); J. 2011Although it has been suggested that the Gomez rule should be altered to encourage development of our state constitutional jurisprudence, see State v. Garcia, 2009-NMSC-046, ¶ 56 , 147 N.M. 134 , 217 P.3d 1032 (Bosson, J., specially concurring); J.	1	2011–2011
State v. Warsaw green nmctapp · 1997 2 sentences 2001For instance, in State v. Warsaw, 1998-NMCA-044, ¶¶ 18-19 , 125 N.M. 8 , 956 P.2d 139 , the Court of Appeals held, without conducting a complete Gomez analysis, that Article II, Section 10 of the New Mexico Constitution requires both probable cause and exigent circumstances to justify the warrantless search of an automobile. 2001For instance, in State v. Warsaw, 1998-NMCA-044, ¶¶ 18-19 , 125 N.M. 8 , 956 P.2d 139 , the Court of Appeals held, without conducting a complete Gomez analysis, that Article II, Section 10 of the New Mexico Constitution requires both probable cause and exigent circumstances to justify the warrantless search of an automobile.	1	2001–2001
State v. Breit green nm · 1996 2 sentences 1999As a matter of principle, we prefer to interpret our State Constitution in conformity with federal doctrine. "[W]e recognize the value of uniformity in the advancement and application of the rights guaranteed by both our state and federal constitutions ." Breit, 1996-NMSC-067 , ¶ 27, 122 N.M. 655 , 930 P.2d 792 ,. 1999As a matter of principle, we prefer to interpret our State Constitution in conformity with federal doctrine. "[W]e recognize the value of uniformity in the advancement and application of the rights guaranteed by both our state and federal constitutions ." Breit, 1996-NMSC-067 , ¶ 27, 122 N.M. 655 , 930 P.2d 792 ,.	1	1999–1999
Rhein v. ADT Automotive, Inc. green nm · 1996 2 sentences 1999As a matter of principle, we prefer to interpret our State Constitution in conformity with federal doctrine. "[W]e recognize the value of uniformity in the advancement and application of the rights guaranteed by both our state and federal constitutions ." Breit, 1996-NMSC-067 , ¶ 27, 122 N.M. 655 , 930 P.2d 792 ,. 1999As a matter of principle, we prefer to interpret our State Constitution in conformity with federal doctrine. "[W]e recognize the value of uniformity in the advancement and application of the rights guaranteed by both our state and federal constitutions ." Breit, 1996-NMSC-067 , ¶ 27, 122 N.M. 655 , 930 P.2d 792 ,.	1	1999–1999
Harradine v. Board of Supervisors green nyappdiv · 1980 2 sentences 1986For instance, in Harradine v. Board of Supervisors, a voting rights case, the plaintiff argued that the distribution and apportionment of the Board violated the equal protection clause of the Fourteenth Amendment and sections of the New York constitution. 73 A.D.2d 118 , 425 N.Y.S.2d 182 (1980). 1986For instance, in Harradine v. Board of Supervisors, a voting rights case, the plaintiff argued that the distribution and apportionment of the Board violated the equal protection clause of the Fourteenth Amendment and sections of the New York constitution. 73 A.D.2d 118 , 425 N.Y.S.2d 182 (1980).	1	1986–1986

Where else courts name it

CA 19 (1965–2026) AZ 13 (1974–2025) TX 10 (1997–2025) NM 8 (1986–2015) FL 7 (1978–2014) ID 4 (2011–2024) IL 3 (2020–2021) PA 3 (2018–2018) OH 3 (2014–2024) TN 3 (2007–2024) MA 2 (2006–2009) IA 2 (2001–2014) IN 2 (1984–2016) UT 2 (2012–2012) WY 2 (2010–2016) NY 2 (2014–2014) KS 2 (2006–2025) WA 2 (2014–2014) ND 2 (2011–2011)

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.

← Caselaw search · G Cite Topics · Brief Check