STATE v. WALKER

No. 4182.

605 P.2d 1168 (1980)

93 N.M. 769

STATE of New Mexico, Plaintiff-Appellee, v. James B. WALKER, Defendant-Appellant.

Court of Appeals of New Mexico.

January 3, 1980.


Attorney(s) appearing for the Case

Dick A. Blenden, Paine, Blenden & Diamond, Carlsbad, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Sammy L. Pacheco, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

HENDLEY, Judge.

Convicted of possession of marijuana with intent to distribute contrary to § 30-31-22 A(1)(a), N.M.S.A. 1978, defendant appeals. The sole issue is the legality of a search and seizure. We reverse.

Defendant and Fierro were stopped at a routine border patrol check point between Alamogordo and Las Cruces, New Mexico. New Mexico State Police Officer Skinner was checking drivers licenses and vehicle registrations. Defendant...

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