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State V. Lovato

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eBook details

  • Title: State V. Lovato
  • Author : New Mexico Court of Appeals
  • Release Date : January 02, 1991
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

The state appeals from an order of the trial court suppressing evidence seized as a result of a stop of an automobile by police following a report of a drive-by shooting. We discuss: (1) whether there was reasonable suspicion for the stop; (2) whether the trial court's order suppressing evidence is supported by substantial evidence; (3) whether the trial court should be affirmed on alternative grounds because, as a matter of law, the stop constituted an arrest requiring a showing of probable cause; and (4) whether opening the door of the car by police amounted to an illegal search and seizure. We reverse and remand for further proceedings consistent herewith.


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