State v. Garcia - New Mexico Court of Appeals

State v. Garcia

By New Mexico Court of Appeals

  • Release Date: 1999-06-18
  • Genre: Law

Description

{1} The prior opinion of the court is withdrawn and the following is substituted. This case poses the question of whether Defendant Maria Garcias general consent to search a vehicle by responding "yes" to an officers inquiry to "look at" a compartment on the vehicle was broad enough to allow the police officers to drill a hole in the compartment, thereby damaging the property. We hold that her consent to a general search was not a consent to allow the officers to damage the property. We reverse Defendants conviction and order that the motion to suppress be granted.

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