valid consent exception (New Mexico) · Go Syfert
← New Mexico issues

valid consent exception in New Mexico

8 New Mexico opinions name it 2 courts 1985–2025 2 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 (3)

CaseFollowedCited
State v. Manngreen
nmctapp · 1985 · cited in 2 New Mexico opinions naming this issue, 2005–2008
2 sentences

2008“A search based upon a valid consent is an exception to the requirement for obtaining a search warrant.” State v. Mann, 103 N.M. 660, 664 , 712 P.2d 6, 10 (Ct.App.1985). {13} The federal ground rules for determining the validity of a consent to search were set forth in Schneckloth v. Bustamonte, 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973).

2008“A search based upon a valid consent is an exception to the requirement for obtaining a search warrant.” State v. Mann, 103 N.M. 660, 664 , 712 P.2d 6, 10 (Ct.App.1985). {13} The federal ground rules for determining the validity of a consent to search were set forth in Schneckloth v. Bustamonte, 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973).

22
State v. Floresgreen
nmctapp · 2008 · cited in 3 New Mexico opinions naming this issue, 2019–2025
2 sentences

2025“A search based upon a valid consent is an exception to the requirement for obtaining a search warrant.” State v. Flores, 2008-NMCA-074, ¶ 12 , 144 N.M. 217 , 185 P.3d 1067 . {8} Whether consent to search is voluntary is a question of fact.

2025“A search based upon a valid consent is an exception to the requirement for obtaining a search warrant.” State v. Flores, 2008-NMCA-074, ¶ 12 , 144 N.M. 217 , 185 P.3d 1067 . {8} Whether consent to search is voluntary is a question of fact.

13
State v. Davisgreen
nm · 2013 · cited in 1 New Mexico opinions naming this issue, 2025–2025
1 sentence

2025See State v. Davis, 2013-NMSC-028, ¶ 13 , 304 P.3d 10 .

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 (4)

CaseCitedYears
Baxter v. State green
mont · 2009
2 sentences

2016Baxter v. State, 2009 MT 449, ¶ 50 , 224 P.3d 1211 .

2016Baxter v. State, 2009 MT 449, ¶ 50 , 224 P.3d 1211 .

22016–2016
Schneckloth v. Bustamonte green
scotus · 1973
2 sentences

2008“A search based upon a valid consent is an exception to the requirement for obtaining a search warrant.” State v. Mann, 103 N.M. 660, 664 , 712 P.2d 6, 10 (Ct.App.1985). {13} The federal ground rules for determining the validity of a consent to search were set forth in Schneckloth v. Bustamonte, 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973).

2008“A search based upon a valid consent is an exception to the requirement for obtaining a search warrant.” State v. Mann, 103 N.M. 660, 664 , 712 P.2d 6, 10 (Ct.App.1985). {13} The federal ground rules for determining the validity of a consent to search were set forth in Schneckloth v. Bustamonte, 412 U.S. 218 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973).

12008–2008
State v. Diaz green
nmctapp · 1996
2 sentences

2005However, “mere status as the owner cannot resolve the question of the validity of the consent.” Diaz, 1996-NMCA-104 , ¶ 12, 122 N.M. 384 , 925 P.2d 4 .

2005However, “mere status as the owner cannot resolve the question of the validity of the consent.” Diaz, 1996-NMCA-104 , ¶ 12, 122 N.M. 384 , 925 P.2d 4 .

12005–2005
State v. Bidegain green
nm · 1975
2 sentences

1985State v. Bidegain, 88 N.M. 466 , 541 P.2d 971 (1975).

1985State v. Bidegain, 88 N.M. 466 , 541 P.2d 971 (1975).

11985–1985

Where else courts name it

NM 8 (1985–2025) ME 3 (1990–2017) NY 2 (1890–1966)

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