No. 13545.

648 P.2d 774 (1982)

98 N.M. 316

Edward RYDER, Nellie Cano and Barry Pressing, Petitioners, v. STATE of New Mexico, Respondent.

Supreme Court of New Mexico.

Rehearing Denied July 19, 1982.

Attorney(s) appearing for the Case

Bruce J. Ponder, El Paso, Tex., Hebard & Hebard, Peter M. Hebard, Alamogordo, for petitioners.

Jeff Bingaman, Atty. Gen., Carol Vigil, Asst. Atty. Gen., Thomas Lea Dunigan, Deputy Atty. Gen., Thomas Patrick Whelan, Jr., Mary Hoffman, Asst. Attys. Gen., Santa Fe, for respondent.

R. E. Thompson, U. S. Atty., Herbert A. Becker, Asst. U. S. Atty., Albuquerque, John Petoskey, Bruce Thompson, Zuni, Anthony F. Little, Bernalillo, Fettinger & Bloom, George E. Fettinger, Kim Jerome Gattschalk, Alamogardo, for amicus curiae.


EASLEY, Chief Justice.

Ryder, Cano and Pressing were indicted for distribution of marijuana. The trial court suppressed the evidence obtained from the search warrant. On interlocutory appeal, the Court of Appeals reversed the lower court and held that the suppressed evidence was admissible. We granted the petition for certiorari, and we affirm the Court of Appeals but on different grounds than those enunciated by that court.

We discuss:<...

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