New Mexico v. Wright (Published Opinion)
Annotate this CaseThe issue this case presented for the New Mexico Supreme Court's review was whether the arrest of of Defendant Somer Wright by a noncommissioned, volunteer reserve deputy in violation of NMSA 1978, section 66-8- 124(A) (2007) was constitutionally unreasonable and therefore in violation of Article II, Section 10 of the New Mexico Constitution. Disagreeing with the opinion of a divided Court of Appeals panel holding that there was no constitutional violation, the Supreme Court reversed: the failure to observe the requirements of Section 66-8-124(A) resulted in an illegal arrest of Defendant and violated Article II, Section 10 of the New Mexico Constitution. Suppression of all evidence obtained as a result of the arrest was therefore required. In reversing the Court of Appeals the Supreme Court reiterated that reviewing courts were to give sufficient deference to the findings of fact of trial courts and not reweigh evidence on appeal.
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