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New Mexico Supreme Court Holds SCOTUS Prohibition Against Warrantless Blood Tests in DWI Cases Applies Retroactively
by Matt Clarke
On October 5, 2017, the Supreme Court of New Mexico held that an impaired driver generally could not be subject to criminal penalties for refusing to submit to a blood test for the presence of alcohol or drugs.
On April 23, 2011, Laressa Vargas encountered a DWI ...
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More from this issue:
- News in Brief
- 10th Circuit: Observation of Stack of 15 Credit Cards Does Not Provide Police With Probable Cause to Examine Name on Cards for Evidence of a Crime, by Christopher Zoukis
- Idaho Supreme Court Orders Acquittal for Insufficient Identification of Drug, by Matthew Clarke
- $10 Million Award for California Man Wrongfully Imprisoned, by Derek Gilna
- Ninth Circuit: Violations Alleged After Expiration of Supervised Release Term Must be Factually Related to Pre-Expiration Allegation, by Richard Resch
- Delaware Supreme Court Describes What Constitutes ‘Effective’ Counsel at Sentencing, by Dale Chappell
- Golden State Killer Suspect Arrest Opens Floodgates for Law Enforcement Use of DNA Websites, by Steve Horn
- Pennsylvania Supreme Court Holds Any Search of Cellphone Requires Warrant, by Dale Chappell
- Wyoming Supreme Court Adopts ‘Castle Doctrine’ for Cohabitants, by Dale Chappell
- Ninth Circuit Reverses Conviction for Transporting an Illegal Alien Due to Improper Jury Instruction, by Christopher Zoukis
- Eleventh Circuit Clarifies When a Court Must Conduct Resentencing Following § 2255 Relief, by Dale Chappell
- California Court of Appeal Rejects Gang Enhancement Based on Expert Witness’ Case-Specific Hearsay Evidence, by Christopher Zoukis
- Third Circuit Reverses Occupational Restriction in Excess of Statutory Maximum for Supervised Release, by Matthew Clarke
- New Mexico Supreme Court Reverses Convictions Based on Double Jeopardy Violations, by Christopher Zoukis
- Virginia Supreme Court Grants Relief Under Revised Actual Innocence Statute, by Dale Chappell
- Colorado High Court Clarifies Crime-Fraud Exception to Attorney-Client Privilege, by Dale Chappell
- Florida Supreme Court Announces SOL Defense Must be Raised at Trial to Preserve Issue for Direct Appeal, by Richard Resch
- California Supreme Court Vacates Conviction and Death Sentence After Experts Recant Testimony, by Dale Chappell
- Colorado Supreme Court: ‘Entry of Judgment’ for New Trial Motion Means Both Conviction and Imposition of Sentence, by Dale Chappell
- Vermont Supreme Court: Defendant Cannot be Compelled to Submit to Competency Evaluation by State’s Expert, by David Reutter
- Ninth Circuit: California Carjacking Not a Crime of Violence Post-Johnson, by Christopher Zoukis
- Ohio Supreme Court: Prisoner Entitled to Results of Post-Conviction DNA Profile, by Matthew Clarke
- No Increase in Murder Rate for Civilians or Police Following Abolition of Death Penalty, by Matthew Clarke
- Execution Numbers Down in 2017, by Christopher Zoukis
- Minnesota Supreme Court: Prisoner Entitled to Appointed Attorney for One Review of Conviction, Even When It’s Not a Direct Appeal, by Christopher Zoukis
- Web-Based Database Exposes Depth and Breadth of Police Criminality, by Derek Gilna
- Sixth Circuit: Statute of Limitations for § 1983 Claim Accrues When Criminal Proceedings are Terminated, by Christopher Zoukis
- DOJ: Police Shooting Family Dogs has Become ‘Epidemic’, by Dale Chappell
- New Mexico Supreme Court Holds SCOTUS Prohibition Against Warrantless Blood Tests in DWI Cases Applies Retroactively, by Matthew Clarke
- S.C. Supreme Court Rules Counsel’s Failure to Recognize Ex Post Facto Issue in Advising Defendant to Accept Plea Deal Constituted IAC, by Dale Chappell
- Alabama’s Most Populous County Reaches Bail Reform Settlement, But Problems Could Persist, by Steve Horn
- Sixth Circuit Suppresses Evidence Where Triggering Event Specified in Anticipatory Search Warrant Never Occurred, by Richard Resch
- Philly Prosecutor’s ‘Do Not Call’ List Released; Names Cops Not to Call to the Stand, by Christopher Zoukis
- Ohio Supreme Court: Policy of Inventory Search Upon Arrest Does Not Empower Police to Retrieve Property from Area Protected by Fourth Amendment, by Dale Chappell
- Texas Court of Criminal Appeals: Lawyer’s Failure to Advise Client of Opinion Making It Impossible for State to Meet Its Burden of Proof Constitutes Ineffective Assistance of Counsel, by Matthew Clarke
- Do Black Lives Matter in the Supreme Court?, by Michael Avery
- SCOTUS Adopts ‘Look Through’ Methodology for Federal Courts in Determining State Court’s Rationale for Unexplained Habeas Decision, by Richard Resch
- Cell-Site Simulators: Police Use Military Technology to Reach out and Spy on You, by Christopher Zoukis
More from Matthew Clarke:
- Texas Social Workers Challenge Blanket Denial of State Occupational License Based on Youthful Assault Convictions, Aug. 1, 2025
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, Aug. 1, 2025
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025
- $5.6 Million Settlement for California Prisoner’s Wife Strip-searched During Visit, June 1, 2025
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025
More from these topics:
- The Flawed Science of Cannabis Impairment Detection: The Need for Evidence-Based Reform, Aug. 1, 2025. Drug Testing, War on Drugs, Marijuana Laws/Issues, Drug Laws/Offenses.
- Ninth Circuit: ‘Dominion and Control’ Provision of Search Warrant for Suspect’s Computer That Lacked Temporal or Other Limitation Constitutes General Warrant, Aug. 1, 2025. Computer Searches, Search warrants, Warrants, Immediate Control.
- Colorado Supreme Court Announces Police Facilitating Drug-Detection Dog’s Entry Into Vehicle by Opening Door During Traffic Stop Without Probable Cause Is Unconstitutional Search in Violation of Fourth Amendment, July 1, 2025. Fourth Amendment, rights, Drug-Sniffing Dog, Automobile Searches/Seizures.
- Rash of 5,000 False-Positive Prisoner Drug Tests Going to California Parole Board Anyway, June 1, 2025. Drug Testing, Probation, Parole & Supervised Release.
- SCOTUS Announces Rejection of ‘Moment-of-Threat Doctrine’ Because It Improperly Narrows Required ‘Totality of the Circumstances’ Analysis for Fourth Amendment Excessive-Force Claims, May 15, 2025. Shootings, Police--Excessive Force, Excessive Force (Police), Fourth Amendment, rights.
- Mayhem, Murder and Staff Misconduct at Brooklyn BOP Lockup, March 1, 2025. Cell Searches, Drug Testing, Prison/Jail Murders, Guard Brutality/Beatings, Cell Phone Access, Searches - Cellphones/Computers/Internet.
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025. Drug Testing, Forensic Sciences.
- Push to Digitize Rikers Island Mail Based on Faulty Drug Tests, Jan. 15, 2025. Drug Testing, Mail Regulations, Mail/Packages.
- A New Approach to Drug Testing: Electrochemical Sensors and Raman Spectroscopy, Nov. 1, 2024. Drug Testing, Forensic Sciences.
- New York Revises 2,772 Prisoner Disciplinary Records After Inspector General Finds Defects in Another Contraband Drug Test, Aug. 15, 2024. False Charges (Disciplinary Hearings), Evidentiary Ruling (Disciplinary Hearings), Drug Testing, junk science.