[Download] "State v. Rowell" by Court of Criminal Appeals of Oklahoma # Book PDF Kindle ePub Free
eBook details
- Title: State v. Rowell
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 26, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
{1} In this case, we are called upon to determine whether either the search incident to arrest exception or the exigent circumstances exception to the New Mexico warrant requirement authorized a police officer to conduct an entry into an automobile on the grounds of a high school to seize a loaded shotgun and other weapons without first obtaining a search warrant. We hold that while the action could not be justified as a search incident to arrest, it was reasonable for the officer to take immediate action once he learned of the presence of the shotgun. In doing so, we reaffirm the constitutional principles set forth in State v. Gomez, 1997-NMSC-006, 122 N.M. 777, 932 P.2d 1, that absent a valid exception to the warrant requirement, such as the combination of probable cause and exigent circumstances in this case, a warrant is required for a search of an automobile under Article II, Section 10 of the New Mexico Constitution.
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