(DOWNLOAD) "State v. Hausler" by New Mexico Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Hausler
- Author : New Mexico Supreme Court
- Release Date : January 28, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
This case is before us on writ of certiorari from the Court of Appeals. The issue on appeal is whether the fruits of a nighttime search conducted pursuant to a constitutionally valid search warrant must be suppressed for failure to set out in the affidavit a sufficient factual basis giving reasonable cause to execute the warrant after 10:00 p.m. and before 6:00 a.m., pursuant to NMSA 1978, Crim.P. Rule 17(b) (Repl. Pamp.1980). The facts involved are adequately stated in the Court of Appeals opinion, State v. Hausler, 101 N.M. 161, 679 P.2d 829 (Ct. App.1983). In that opinion, the Court of Appeals held that: (1) the factual basis for reasonable cause to make a nighttime search must appear on the face of the affidavit upon which the search warrant was executed; (2) that the affidavit in this case failed to provide such a factual basis; and (3) that the exclusionary rule should be applied to suppress the fruits of the searches which resulted from the issuance of the original search warrant. We reverse the Court of Appeals on its first holding. Due to our determination on this issue, we need not address the other issues raised on appeal.
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