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State v. Gutierrez

Citations

  • 863 P.2d 1052
  • 116 N.M. 431

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that evidence seized as the result of an invalid warrant must be suppressed
  • noting that “Article II, Section 10 [of the New Mexico Constitution] expresses the fundamental notion that every person in this state is entitled to be free from unwarranted governmental intrusions”
  • holding federal “good faith” exception incompatible with provisions of state constitution
  • describing this Court’s “willingness to undertake independent analysis of our state constitutional guarantees when federal law begins to encroach on the sanctity of those guarantees”
  • rejecting good faith rationale under Fourth Amendment and the federal rationale for the exclusionary rule based on deterring police misconduct
  • declining to adopt the “good faith exception” to the exclusionary rule articulated by United States v. Leon, 468 U.S. 897, 922-25, 104 S.Ct. 3405, 3420-22, 82 L.Ed.2d 677 (1984

Source: CourtListener parenthetical corpus (CC0).

Judges: Ransom, Baca, Montgomery, Franchini, Frost

Read full opinion on CourtListener

Cited by

93 cases in this archive cite this case; the 20 most cited are listed.

Cites

63 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named State v. Gutierrez

151 other CourtListener records share this case name; the 50 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.