(Download) "State V. Ryon" by In the Supreme Court of the State of New Mexico # eBook PDF Kindle ePub Free
eBook details
- Title: State V. Ryon
- Author : In the Supreme Court of the State of New Mexico
- Release Date : January 03, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
{1} The State has appealed from a decision of the district court granting Defendant's motion to suppress evidence discovered in his home during a warrantless, nonconsensual search by police. The State appealed pursuant to NMSA 1978, Section 39-3-3(B)(2) (1972). The district court suppressed the evidence on the ground that the community caretaker exception to the warrant requirement was not applicable. The Court of Appeals affirmed the district court in a Memorandum Opinion. See State v. Ryon, No. 23,318 (N.M. Ct. App. Jan. 6, 2004). Both courts relied on State v. Nemeth, 2001-NMCA-029, 130 N.M. 261, 23 P.3d 936. We granted certiorari to determine whether the community caretaker exception permits police to enter a dwelling without a warrant or consent during a criminal investigation. We hold that in narrowly limited circumstances police may enter a home without a warrant or consent during a criminal investigation under the emergency assistance doctrine. To the extent that it may be read to preclude an emergency entry during a criminal investigation, we overrule Nemeth. We also clarify the scope of the community caretaker exception. We affirm the district court's decision to suppress evidence, because the police lacked the objective reasonableness required to enter and search Defendant's home.
 "State V. Ryon" by In the Supreme Court of the State of New Mexico # eBook PDF Kindle ePub Free){kind=link}