State v. Penman

Summary

The New Mexico Supreme Court held that the question of whether an officer acted within the lawful discharge of duties may be decided as a matter of law pre‑trial when the facts are undisputed, reaffirmed the Doe test for that inquiry, and affirmed the Court of Appeals’ application of the new‑crime exception to the exclusionary rule, thereby allowing the evidence of the defendant’s remaining offenses. The Court reversed the Court of Appeals on the pre‑trial disposition issue and overruled State v. Phillips’ contrary test.