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STATE v. GARDNER

No. 4573.

619 P.2d 847 (1980)

95 N.M. 171

STATE of New Mexico, Plaintiff-Appellant, v. Joshua GARDNER and Thaddeus Gardner, Defendants-Appellees.

Court of Appeals of New Mexico.

Writ of Certiorari Denied October 6, 1980.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Marcia E. White, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Mark A. Hirsch, Taos, for Joshua Gardner.

Tony Lopez, Friedland, Simon, Lopez, Vigil & Nelson, Taos, for Thaddeus Gardner.

OPINION

WOOD, Chief Judge.

Defendants' motion to suppress evidence was granted; the State appealed. Section 39-3-3(B)(2), N.M.S.A. 1978. There are two issues: (1) consent to search obtained in violation of administrative regulations, and (2) constitutional propriety of the search.

An indictment, filed in August, 1977, charged Joshua Gardner with trafficking in cocaine. Pursuant to a plea bargain, accepted by the trial court, Joshua pled guilty to...

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