New Mexico Supreme Court

State v. Lovato

December 3, 2020478 P.3d 927

Summary

The New Mexico Supreme Court held that a suspect’s consent to a search obtained after an officer threatened to obtain a warrant is involuntary unless the officer actually had probable cause for the warrant. Because the State failed to show probable cause, the court reversed the Court of Appeals and remanded for further proceedings. The decision clarifies the rule governing consent obtained under a threat of a warrant.