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88 N.M. 446

State v. Barela

New Mexico Court of Appeals

Decided September 23, 1975

New Mexico Court of Appeals · decided 1975-09-23

Cited by 6 later decisions — most recently March 2012

6 state decisions

Relies on United States v. Robinson · Gustafson v. Florida

Good law ✅— No negative treatment on recordhow we know

Decided 1975-09-23

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¶1OPINION

SUTIN, Judge.

¶2Defendant was convicted of possession of heroin contrary to § 54 — 11-23(A), N. M.S.A.1953 (Repl.Vol. 8, pt. 2, 1973 Supp.). He appeals. We affirm.

¶3The only question on appeal that merits consideration is defendant’s claim that the trial court erroneously denied defendant’s motion to suppress evidence seized from his person.

¶4Defendant was arrested for public drunkenness. This occurred prior to repeal of the offense of drunkenness, § 40A-20-2, N.M.S.A.1953 (2d Repl.Vol. 6). The police officer searched defendant and found a marijuana cigarette and a glasses case which contained heroin.

¶5Defendant contends that the opening of the glasses case was not a permissible search. This claim is a matter of first impression in New Mexico. ■

¶6The Supreme Court of the United States has now held that the full search of the person of the suspect made incident to a lawful custodial arrest did not violate the Fourth and Fourteenth Amendments of the Constitution of the United States. Gustafson v. Florida, 414 U.S. 260, 94 S.Ct. 488, 38 L.Ed.2d 456 (1973); United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973).

¶7Having authority to search the glasses case, the right to open it naturally followed.

¶8Affirmed.

¶9It is so ordered.

WOOD, C. J., and LOPEZ, J., concur.
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