STATE v. BIGLER

No. 7081.

673 P.2d 140 (1983)

100 N.M. 515

STATE of New Mexico, Plaintiff-Appellee, v. Dale BIGLER, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Quashed November 22, 1983.


Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., Barbara F. Green, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Nancy Hollander, Freedman, Boyd & Daniels, P.A., Albuquerque, for defendant-appellant.


OPINION

BIVINS, Judge.

Convicted of one count of possession with intent to distribute marijuana, defendant appeals. The case was tried to the court on stipulated facts. Defendant claims the trial court erred in denying his pre-trial motion to suppress evidence, raising two issues: (1) that a police flight over defendant's premises without a warrant amounted to an unconstitutional search; and (2) that a ground search by officers prior to the issuance of the...

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