New Mexico Supreme Court

State v. Antonio T.

June 22, 20152015 NMSC 19

Summary

The New Mexico Supreme Court held that the presence of a law‑enforcement officer during a school official’s questioning created an investigatory detention that triggered the statutory right to remain silent under NMSA 32A‑2‑14, and because the officer failed to advise Antonio of that right, his statements were inadmissible. The Court reversed the lower courts and remanded for the possibility of withdrawing his plea.