giving of Miranda warning in New Mexico

6 New Mexico opinions name it 2 courts 1983–2023 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 (3)

Case	Followed	Cited
State v. Chamberlaingreen nm · 1991 · cited in 2 New Mexico opinions naming this issue, 1993–1995 2 sentences 1995State v. Chamberlain, 112 N.M. 723, 728 , 819 P.2d 673, 678 (1991). 1995State v. Chamberlain, 112 N.M. 723, 728 , 819 P.2d 673, 678 (1991).	2	2
State v. Quiñonesgreen nmctapp · 2010 · cited in 1 New Mexico opinions naming this issue, 2023–2023 2 sentences 2023“Suppression of an accused’s statements made to a law enforcement officer prior to the giving of Miranda warnings is only required when the statements are the product of a custodial interrogation.” State v. Fekete, 1995-NMSC- 049, ¶ 41, 120 N.M. 290 , 901 P.2d 708 ; see also State v. Quiñones, 2011-NMCA-018, ¶ 10 , 149 N.M. 294 , 248 P.3d 336 (stating that “when an accused has invoked his right to have counsel present during a custodial interrogation,” the accused “is not subject to further interrogation by the authorities until counsel has been made available to him” (alterations, internal qu 2023“Suppression of an accused’s statements made to a law enforcement officer prior to the giving of Miranda warnings is only required when the statements are the product of a custodial interrogation.” State v. Fekete, 1995-NMSC- 049, ¶ 41, 120 N.M. 290 , 901 P.2d 708 ; see also State v. Quiñones, 2011-NMCA-018, ¶ 10 , 149 N.M. 294 , 248 P.3d 336 (stating that “when an accused has invoked his right to have counsel present during a custodial interrogation,” the accused “is not subject to further interrogation by the authorities until counsel has been made available to him” (alterations, internal qu	1	1
State v. Quinonesgreen nmctapp · 2010 · cited in 1 New Mexico opinions naming this issue, 2023–2023 1 sentence 2023“Suppression of an accused’s statements made to a law enforcement officer prior to the giving of Miranda warnings is only required when the statements are the product of a custodial interrogation.” State v. Fekete, 1995-NMSC- 049, ¶ 41, 120 N.M. 290 , 901 P.2d 708 ; see also State v. Quiñones, 2011-NMCA-018, ¶ 10 , 149 N.M. 294 , 248 P.3d 336 (stating that “when an accused has invoked his right to have counsel present during a custodial interrogation,” the accused “is not subject to further interrogation by the authorities until counsel has been made available to him” (alterations, internal qu	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. Fekete green nm · 1995 2 sentences 2023“Suppression of an accused’s statements made to a law enforcement officer prior to the giving of Miranda warnings is only required when the statements are the product of a custodial interrogation.” State v. Fekete, 1995-NMSC- 049, ¶ 41, 120 N.M. 290 , 901 P.2d 708 ; see also State v. Quiñones, 2011-NMCA-018, ¶ 10 , 149 N.M. 294 , 248 P.3d 336 (stating that “when an accused has invoked his right to have counsel present during a custodial interrogation,” the accused “is not subject to further interrogation by the authorities until counsel has been made available to him” (alterations, internal qu 2023“Suppression of an accused’s statements made to a law enforcement officer prior to the giving of Miranda warnings is only required when the statements are the product of a custodial interrogation.” State v. Fekete, 1995-NMSC- 049, ¶ 41, 120 N.M. 290 , 901 P.2d 708 ; see also State v. Quiñones, 2011-NMCA-018, ¶ 10 , 149 N.M. 294 , 248 P.3d 336 (stating that “when an accused has invoked his right to have counsel present during a custodial interrogation,” the accused “is not subject to further interrogation by the authorities until counsel has been made available to him” (alterations, internal qu	2	2018–2023
State v. Wilson green nmctapp · 2007 2 sentences 2018“The relevant inquiry to determine whether an individual is in police 17 custody is how a reasonable [person] in the suspect’s position would have understood 18 his situation.” Id. (internal quotation marks and citation omitted); State v. Wilson, 19 2007-NMCA-111, ¶ 14 , 142 N.M. 737 , 169 P.3d 1184 (“In determining whether a 11 1 person is in Miranda custody . . . the court must apply an objective test to resolve the 2 ultimate inquiry: was there a formal arrest or restraint on freedom of movement to the 3 degree associated with a formal arrest.” (internal quotation marks and citation 4 omitt 2018“The relevant inquiry to determine whether an individual is in police 17 custody is how a reasonable [person] in the suspect’s position would have understood 18 his situation.” Id. (internal quotation marks and citation omitted); State v. Wilson, 19 2007-NMCA-111, ¶ 14 , 142 N.M. 737 , 169 P.3d 1184 (“In determining whether a 11 1 person is in Miranda custody . . . the court must apply an objective test to resolve the 2 ultimate inquiry: was there a formal arrest or restraint on freedom of movement to the 3 degree associated with a formal arrest.” (internal quotation marks and citation 4 omitt	1	2018–2018
Brown v. Illinois green scotus · 1975 2 sentences 1991Id. at 601-02 , 95 S.Ct. at 2260-61 . 1991Id. at 601-02 , 95 S.Ct. at 2260-61 .	1	1991–1991
State v. Lopez green nm · 1968 2 sentences 1983This Court, in State v. Chambers, 84 N.M. 309 , 502 P.2d 999 (1972), as well as State v. Lopez, 79 N.M. 282 , 442 P.2d 594 (1968), has utilized a stricter application of the holding in Miranda, than the Oliver approach. 1983This Court, in State v. Chambers, 84 N.M. 309 , 502 P.2d 999 (1972), as well as State v. Lopez, 79 N.M. 282 , 442 P.2d 594 (1968), has utilized a stricter application of the holding in Miranda, than the Oliver approach.	1	1983–1983
State v. Chambers green nm · 1972 2 sentences 1983This Court, in State v. Chambers, 84 N.M. 309 , 502 P.2d 999 (1972), as well as State v. Lopez, 79 N.M. 282 , 442 P.2d 594 (1968), has utilized a stricter application of the holding in Miranda, than the Oliver approach. 1983This Court, in State v. Chambers, 84 N.M. 309 , 502 P.2d 999 (1972), as well as State v. Lopez, 79 N.M. 282 , 442 P.2d 594 (1968), has utilized a stricter application of the holding in Miranda, than the Oliver approach.	1	1983–1983

Where else courts name it

IL 62 (1975–2026) TX 45 (1982–2015) WA 23 (1984–2014) CA 16 (1970–2023) MA 16 (1975–2019) FL 15 (1980–2011) PA 15 (1975–2021) OR 14 (1982–2019) AL 13 (1994–2014) NY 11 (1977–2000) MI 11 (1980–2020) TN 10 (1977–2025) IN 8 (1976–2017) MO 8 (1978–2017) GA 8 (1984–2021) ME 7 (1979–2001) AZ 7 (1978–2017) MD 6 (1976–2003) NM 6 (1983–2023) MS 6 (1980–1992) SC 5 (1996–2023) WV 5 (1979–2025) CT 5 (1986–2025) KS 5 (1983–2013) CO 4 (1976–2025) AR 4 (1995–2006) OK 4 (1986–1998) KY 4 (2014–2022) LA 4 (1981–2010) NJ 3 (1981–2000) VA 3 (1983–2001) RI 3 (1981–2006) OH 3 (1999–2005) SD 2 (1985–2006) AK 2 (1975–1975) NE 2 (2016–2016) VT 2 (1994–2021) WY 2 (1983–2005) ID 2 (2014–2020) NH 2 (1983–1987) ND 2 (1991–1998) WI 2 (1993–1997)

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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