Topic: the lawful means by which the evidence could have been atta… · Go Syfert
← All topics

Topic #17573

7 canonical passages across 7 cases, quoted by 23 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from State v. Wagoner.

#Case FlagCanonical passage Citers
1 State v. Wagoner Anchor
nmctapp · 2001
green “the lawful means by which the evidence could have been attained must be wholly independent of the illegal actions.” 5
2 State v. Martinez
nm · 1980
green “the ultimate question is whether the search and seizure was reasonable.” 3
3 Boone v. State
nm · 1986
green “the question exactly when has an arrest taken place is in the first instance for the district court to determine.” 3
4 State v. Rowell
nm · 2008
green “any warrantless search analysis must start with the bedrock principle of both federal and state constitutional jurisprudence that searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable, subject only to well-delinea…” 3
5 State v. Wilson
nmctapp · 2007
green “whether the defendant's freedom of movement is restrained by formal arrest or of the degree associated with a formal arrest” 3
6 State v. Barragan
nmctapp · 2001
green “in order for a district court to find in favor of the state that the evidence would have inevitably been seized during an inventory search, the court would be required to make at least three factual findings: (1) whether, without the illegally seized evidence, the officers had p…” 3
7 State v. Granville
nmctapp · 2006
green “even if he did not primarily focus on the expansion during the suppression hearing” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check