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STATE v. NEAL

No. 30,005.

164 P.3d 57 (2007)

2007-NMSC-043

STATE of New Mexico, Plaintiff-Respondent, v. David NEAL, Defendant-Petitioner.

Supreme Court of New Mexico.

June 27, 2007.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, NM, for Respondent.

John Bigelow, Chief Public Defender, Kathleen T. Baldridge, Assistant Appellate Defender, Santa Fe, NM, for Petitioner.

OPINION

SERNA, Justice.

{1} Alamogordo Department of Public Safety Officer Neil LaSalle stopped David Neal ("Defendant") for a cracked windshield. Officer LaSalle asked for Defendant's consent to search the truck for drugs and weapons, but Defendant refused consent. Believing he had reasonable suspicion, Officer LaSalle detained Defendant's truck for approximately ten minutes to await a drug dog to perform a perimeter sniff of the truck, while...

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