New Mexico Supreme Court

State v. Davis

June 13, 20132013 NMSC 28

Summary

The New Mexico Supreme Court affirmed the trial court’s dismissal of the defendant’s motion to suppress, holding that there was substantial evidence the defendant voluntarily consented to the search of his home. The Court applied the substantial‑evidence standard to the factual question of consent and found the totality of circumstances—specific, unequivocal consent and lack of coercion—supported the trial court’s determination.