Tag Archives: New Mexico Constitution

Exclusion of farm & ranch employees from workers’ comp is unconstitutional, says NM Court of Appeals

by Emil J. Kiehne Posted on June 26, 2015

Section 52-1-6(A) of the New Mexico’s Workers’ Compensation Act excludes farm and ranch laborers from the benefits (and burdens) of workers’ compensation. This week, the Court of Appeals held that this exclusion violates the equal protection clause of the New Mexico … Continue reading →

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New Mexico’s heightened search-and-seizure protections don’t apply at Mexican border

by Emil J. Kiehne Posted on June 16, 2015

The New Mexico Constitution provides greater protection to citizens than the Fourth Amendment when it comes to searches and seizures. For example, in State v. Cardenas-Alvarez, the New Mexico Supreme Court held that at interior border control checkpoints (such as those … Continue reading →

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NM Supreme Court hears case on aerial search with implications for drones

by Emil J. Kiehne Posted on January 16, 2015

The New Mexico Supreme Court held oral argument earlier this week in the case of State v. Norman Davis, which asks whether aerial surveillance by police constitutes a search requiring a warrant. The Las Cruces-Sun News has published this account of … Continue reading →

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Electronic Privacy Information Center files amicus brief asking NM Supreme Court to limit aerial surveillance

by Emil J. Kiehne Posted on December 12, 2014

Earlier this year I wrote about the Court of Appeals’ decision in State v. Davis, which held that under the New Mexico Constitution, aerial surveillance by police constitutes a search requiring a warrant, or an exception to the warrant requirement. … Continue reading →

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What does the denial of the same-sex marriage petitions mean for New Mexico?

by Emil J. Kiehne Posted on October 7, 2014

Yesterday the legal world was surprised by the Supreme Court’s denial of all seven petitions for certiorari challenging lower court decisions allowing same-sex marriage. SCOTUSblog has this roundup of news coverage and commentary on the denials. So what does this mean … Continue reading →

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DWI lawyer Ron Bell prevails on appeal in his own DWI case

by Emil J. Kiehne Posted on September 11, 2014

Virtually everyone in Albuquerque has seen Ron Bell’s billboards and television commercials proclaiming his willingness to sue malefactors of all sorts; many of these include his catchphrase “I sue drunk drivers!” So some people experienced a fair amount of schadenfreude when Mr. Bell was arrested for … Continue reading →

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New Mexico Court of Appeals holds that aerial surveillance by police constitutes a search requiring a warrant

by Emil J. Kiehne Posted on January 20, 2014

In an age when people are increasingly concerned about government’s use of various forms technology to spy on them, the Court of Appeals has signaled that there will be limits to police use of such technology. Last week, in an important expansion … Continue reading →

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NM Supreme Court reaffirms right of non-English speakers to serve on juries

by Emil J. Kiehne Posted on August 13, 2013

One of today’s headlines at Drudge Report is “You can serve on jury even if you don’t understand english” (sic), referring to yesterday’s decision by the New Mexico Supreme Court in State v. Samora, which reaffirmed that proposition. Juror service … Continue reading →

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Telephonic approval of search warrants okay in New Mexico

by Emil J. Kiehne Posted on June 10, 2013

The New Mexico Constitution does not prohibit law enforcement officers from obtaining telephonic approval of search warrants. So the New Mexico Supreme Court held in State v. Boyse. Law enforcement officers went to Defendants’ property to investigate a report of a … Continue reading →

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“Constitutional amendments focus on PRC, courts”

by Emil J. Kiehne Posted on October 19, 2012

As election day approaches, it’s good to remember that in addition to candidates for various offices, several amendments to the New Mexico Constitution will be on the ballot.  The editors of the Santa Fe New Mexican have issued these helpful recommendations … Continue reading →

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