[Download] "State v. Halpern" by New Mexico Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Halpern
- Author : New Mexico Court of Appeals
- Release Date : January 21, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
1 In this case, the door to Defendants condominium was slightly ajar, and the police could smell burning marijuana. They knocked on the door and walked right in without giving the occupants an opportunity to answer the door. Once inside, the police seized evidence they believed was stolen. Defendant was charged with receiving stolen property and filed a motion to suppress evidence. The trial court denied Defendants motion to suppress, and Defendant entered a conditional guilty plea to retaining stolen property, reserving the right to appeal the suppression issue. We hold that the police officers failed to knock and announce, as required by Article II, Section 10 of the New Mexico Constitution, and State v. Attaway, 117 N.M. 141, 149-53, 870 P.2d 103, 111-15 (1994), and reverse.