State v. Acosta - A-1-CA-38121
Mar 09, 2022OUTCOME: Reversed
Defendant Amanda Acosta appealed her convictions for possession of a controlled substance (methamphetamine), pursuant to NMSA 1978, Section 30-31-23(E) (2011, amended 2021), and possession of drug pa ... raphernalia, pursuant to NMSA 1978, Section 30-31-25.1(A) (2001, amended 2019). Defendant argued (1) the arresting officer's search of her backpack was illegal because it was neither a valid inventory search nor a valid search incident to arrest; and (2) neither of her convictions were supported by sufficient evidence. The Court of Appeals reversed because the officer conducted an illegal search in violation of the Fourth Amendment.
