New Mexico v. Davis

This case concerned the inventory search exception to the warrant requirement. Wesley Davis was arrested for operating a motorcycle without a license. Davis was carrying a backpack; during the stop, an Eddy County sheriff deputy searched the backpack and found marijuana. Davis was charged with one count of distribution of marijuana. He moved to suppress the marijuana, arguing the search was unlawful because Davis did not possess the backpack "on his person or in his physical possession." The New Mexico Supreme Court disagreed that possession in the inventory search context should have been so narrowly construed, and concluded Davis possessed the backpack at the time of his arrest. Therefore the inventory search was valid. The Court of Appeals judgment holding to the contrary was reversed. View "New Mexico v. Davis" on Justia Law