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6 New Mexico opinions name it 2 courts 1995–2023 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.
| Case | Followed | Cited |
|---|---|---|
California v. Ciraologreen2 sentences2023California v. Ciraolo, 476 U.S. 207, 211 (1986) (internal quotation marks and citation omitted). 2015Ciraolo, 476 U.S. at 211 (internal quotation marks and citation omitted). | 3 | 3 |
Katz v. United Statesgreen2 sentences1995See Katz v. United States, 389 U.S. 347, 361 , 88 S.Ct. 507, 516 , 19 L.Ed.2d 576 (1967) (Harlan, J. concurring) (stating that the touchstone of Fourth Amendment analysis of a search is whether the person has a constitutionally-protected reasonable expectation of privacy); cf. State v. Haar, 110 N.M. 517, 524 , 797 P.2d 306, 313 (Ct.App.) (holding that police testing of a rifle did not compromise a legitimate interest in privacy and, consequently, was not a “search” under the Fourth Amendment), cert. denied, 110 N.M. 330 , 795 P.2d 1022 (1990). 1995See Katz v. United States, 389 U.S. 347, 361 , 88 S.Ct. 507, 516 , 19 L.Ed.2d 576 (1967) (Harlan, J. concurring) (stating that the touchstone of Fourth Amendment analysis of a search is whether the person has a constitutionally-protected reasonable expectation of privacy); cf. State v. Haar, 110 N.M. 517, 524 , 797 P.2d 306, 313 (Ct.App.) (holding that police testing of a rifle did not compromise a legitimate interest in privacy and, consequently, was not a “search” under the Fourth Amendment), cert. denied, 110 N.M. 330 , 795 P.2d 1022 (1990). | 1 | 1 |
State v. Haargreen2 sentences1995See Katz v. United States, 389 U.S. 347, 361 , 88 S.Ct. 507, 516 , 19 L.Ed.2d 576 (1967) (Harlan, J. concurring) (stating that the touchstone of Fourth Amendment analysis of a search is whether the person has a constitutionally-protected reasonable expectation of privacy); cf. State v. Haar, 110 N.M. 517, 524 , 797 P.2d 306, 313 (Ct.App.) (holding that police testing of a rifle did not compromise a legitimate interest in privacy and, consequently, was not a “search” under the Fourth Amendment), cert. denied, 110 N.M. 330 , 795 P.2d 1022 (1990). 1995See Katz v. United States, 389 U.S. 347, 361 , 88 S.Ct. 507, 516 , 19 L.Ed.2d 576 (1967) (Harlan, J. concurring) (stating that the touchstone of Fourth Amendment analysis of a search is whether the person has a constitutionally-protected reasonable expectation of privacy); cf. State v. Haar, 110 N.M. 517, 524 , 797 P.2d 306, 313 (Ct.App.) (holding that police testing of a rifle did not compromise a legitimate interest in privacy and, consequently, was not a “search” under the Fourth Amendment), cert. denied, 110 N.M. 330 , 795 P.2d 1022 (1990). | 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 |
|---|---|---|
Muse v. Muse
green
2 sentences2023“The mere assertions and arguments of counsel are not evidence.” See Muse v. Muse, 2009-NMCA-003, ¶ 51 , 145 N.M. 451 , 200 P.3d 104 . 32, 150 N.M. 683 , 265 P.3d 734 (relying on the right for any reason doctrine in deciding whether to affirm a district court’s suppression ruling). {5} “The touchstone of Fourth Amendment analysis is whether a person has a constitutionally protected reasonable expectation of privacy” in the area searched. 2023“The mere assertions and arguments of counsel are not evidence.” See Muse v. Muse, 2009-NMCA-003, ¶ 51 , 145 N.M. 451 , 200 P.3d 104 . 32, 150 N.M. 683 , 265 P.3d 734 (relying on the right for any reason doctrine in deciding whether to affirm a district court’s suppression ruling). {5} “The touchstone of Fourth Amendment analysis is whether a person has a constitutionally protected reasonable expectation of privacy” in the area searched. | 1 | 2023–2023 |
State v. Randy J.
green
2 sentences2023“The mere assertions and arguments of counsel are not evidence.” See Muse v. Muse, 2009-NMCA-003, ¶ 51 , 145 N.M. 451 , 200 P.3d 104 . 32, 150 N.M. 683 , 265 P.3d 734 (relying on the right for any reason doctrine in deciding whether to affirm a district court’s suppression ruling). {5} “The touchstone of Fourth Amendment analysis is whether a person has a constitutionally protected reasonable expectation of privacy” in the area searched. 2023“The mere assertions and arguments of counsel are not evidence.” See Muse v. Muse, 2009-NMCA-003, ¶ 51 , 145 N.M. 451 , 200 P.3d 104 . 32, 150 N.M. 683 , 265 P.3d 734 (relying on the right for any reason doctrine in deciding whether to affirm a district court’s suppression ruling). {5} “The touchstone of Fourth Amendment analysis is whether a person has a constitutionally protected reasonable expectation of privacy” in the area searched. | 1 | 2023–2023 |
Maryland v. King
green
1 sentence2018Thus, King proceeded by weighing "the promotion of legitimate governmental interests against the degree to which the search intrudes upon an individual's privacy." 569 U.S. at 436, 448, 133 S.Ct. 1958 (alteration, internal quotation marks, and citation omitted). {22} The U.S. Supreme Court recognized that various governmental interests are legitimately served by collecting the DNA of an arrestee for a "serious offense" under Maryland's statute during a routine booking procedure. | 1 | 2018–2018 |
County of Los Angeles v. Mendez
green
2 sentences2018"Reasonableness is always the touchstone of Fourth Amendment analysis, and reasonableness is generally assessed by carefully weighing the nature and quality of the intrusion on the individual's Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion." Cty. of Los Angeles v. Mendez , --- U.S. ----, 137 S.Ct. 1539 , 1546, 198 L.Ed.2d 52 (2017) (alteration, internal quotation marks, and citations omitted). 2018"Reasonableness is always the touchstone of Fourth Amendment analysis, and reasonableness is generally assessed by carefully weighing the nature and quality of the intrusion on the individual's Fourth Amendment interests against the importance of the governmental interests alleged to justify the intrusion." Cty. of Los Angeles v. Mendez , --- U.S. ----, 137 S.Ct. 1539 , 1546, 198 L.Ed.2d 52 (2017) (alteration, internal quotation marks, and citations omitted). | 1 | 2018–2018 |
Terry v. Ohio
green
2 sentences2010Terry v. Ohio, 392 U.S. 1, 12 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). 2010Terry v. Ohio, 392 U.S. 1, 12 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). | 1 | 2010–2010 |
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.