New Mexico v. Davis
Annotate this CaseDefendant Norman Davis was convicted of possession of marijuana after New Mexico State Police consensually searched his greenhouse and seized 14 marijuana plants. That search was the result of “Operation Yerba Buena 2006,” conducted by a coordinated law enforcement effort that allegedly discovered marijuana plants growing on Davis’ property. The issue this case presented for the New Mexico Supreme Court’s review was whether that aerial surveillance, and the manner in which it was conducted, amounted to a warrantless search of Davis’ property. Concluding that his federal constitutional rights were violated in this instance, the Court reversed the opinion of the Court of Appeals which held to the contrary, and reversed Davis’ conviction.
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