Albuquerque Criminal Lawyer Blog

Efficiency No Grounds for Search & Seizure Exception

The U.S. Supreme Court case of Bailey v. United States addressed whether the seizure of a person is reasonable under the 4th Amendment when he‘s stopped and detained “at some distance away from the premises” that are to be legally searched under a warrant. The state tried to justify (and the lower courts agreed) the…

Drug Sniffing Dogs and the 4th Amendment

In the case of Florida v. Jardines, the United States Supreme Court addressed whether the use of a drug-sniffing dog on the porch of a homeowner constituted a search under the 4th Amendment. In short, the court found that it did. For background, the police received a tip that the homeowner was growing marijuana. Based…

Right to Counsel After Waiving Right to Counsel

The recent U.S. Supreme Court case of Marshall v. Rodgers addressed the Sixth Amendment right to effective assistance of counsel. The Court in this case had to determine whether a trial judge has the discretion to refuse a defendant‘s request for the reappointment of counsel after he has already waived a right to counsel. The…

Lesser Included Offenses and Double Jeopardy

The case involved indictment on charges for extreme animal cruelty. The jury was instructed on the lesser included offense of misdemeanor cruelty to animals. There was no objection to this instruction by the defense though the lesser included offense had not been charged. The defendant was acquitted of the extreme cruelty charges while the jury…

DWI Accidents and Child Abuse in New Mexico

The defendant was charged with multiple counts related to a DWI accident that resulted in the death of a child and serious injuries to another child who were passengers in a car that she struck from behind. The state charged the defendant with aggravated DWI and leaving the scene of the accident. She was also…

Confrontation Rights Fully Apply to State‘s Forensic Experts

At issue in the 2012 New Mexico Court of Appeals case State v. Moncayo were the Defendant‘s rights under the 6th Amendment allows for confrontation of witnesses in criminal trial of the Sixth and Fourteenth Amendments of the U.S. Constitution and the New Mexico State Constitution. The Facts The Defendant was in possession of a…

Unequivocal Exercise of Miranda Rights Ends Lawful Interrogation

The 5th Amendment Right to remain silent is among the most important rights that a criminal suspect has. It is the right against self-incrimination which means the suspect does not have to say anything since he or she may very well say something incriminating. This very important right is the essence of Miranda warnings which…

Double Jeopardy and Trial De Novo from New Mexico Magistrate Court

The New Mexico Court of Appeals case State v. Baca deals with a number of important criminal defense issues. In sum, the court addresses the issues of trial de novo following a magistrate court dismissal with prejudice and how such dismissal plays into double jeopardy. This case involves a defendant who was arrested for aggravated…

Warrant to Search Everyone on Premises Generally Invalid in New Mexico

The New Mexico Court of Appeals case State v. Light presents an important criminal law issue concerning illegal search and seizure. The Court had to determine whether the district court erred when it determined that a warrant was “impermissibly broad” in allowing police officers to search “all persons” who were located on specific premises. In…

Loss or Destruction of Evidence – 3 Prong Test for Dismissal of Criminal Charges

The New Mexico Court of Appeals case of State v. Redd involves an important criminal law issue concerning the loss or destruction of evidence and a district court‘s abuse of discretion. In this case, the Court had to determine whether certain requirements to dismiss the defendant‘s case had been met as a result of the…

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