STATE v. WHITE

Nos. 4410, 4438.

615 P.2d 1004 (1980)

94 N.M. 687

STATE of New Mexico, Plaintiff-Appellant, v. John Michael WHITE and Manuel Esteban Pazos, Defendants-Appellees.

Court of Appeals of New Mexico.

July 17, 1980.


Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., John G. McKenzie, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Larry R. Hill, Alamogordo, for White.

Jack T. Whorton, Alamogordo, for Pazos.


OPINION

WOOD, Chief Judge.

The State appealed the trial court's order suppressing marijuana contained in two cardboard boxes and two bags. The boxes and bags were in the trunk of the car occupied by the two defendants. The trial court, in its findings, referred to the bags as "onion or sugar sacks". The dispositive issue is whether there was a reasonable expectation of privacy as to the contents of the boxes and bags. The search was warrantless and there...

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