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Home > New Mexico Case Law > State v Rodarte
State v Rodarte
In this case, we decide whether an officer may arrest an individual solely on the basis of probable cause that a minor criminal offense for which jail time is not authorized has been committed.  The United States Supreme Court has decided that such arrests are permissible under the Fourth Amendment to the United States Constitution.  Atwater v. City of Lago Vista, 532 U.S. 318, 323, 354 (2001).  Holding that the greater privacy protections afforded by Article II, Section 10 of the New Mexico Constitution do not permit arrests for non-jailable offenses on the basis of probable cause alone, and siding with the four dissenting justices of the United States Supreme Court, we reverse Defendant's convictions for possession of a controlled substance and tampering with evidence.  We affirm his conviction for being a minor in possession of alcohol and remand for sentencing solely on that conviction..  Read more...

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