STATE v. HAUSLER

No. 15251.

679 P.2d 811 (1984)

101 N.M. 143

STATE of New Mexico, Petitioner, v. Travis HAUSLER, Respondent.

Supreme Court of New Mexico.

March 28, 1984.


Attorney(s) appearing for the Case

Paul Bardacke, Atty. Gen., Ida M. Lujan, Asst. Atty. Gen., Santa Fe, for petitioner.

Payne & Mitchell, Gary C. Mitchell, Ruidoso, for respondent.


OPINION

FEDERICI, Chief Justice.

This case is before us on writ of certiorari from the Court of Appeals. The issue on appeal is whether the fruits of a nighttime search conducted pursuant to a constitutionally valid search warrant must be suppressed for failure to set out in the affidavit a sufficient factual basis giving reasonable cause to execute the warrant after 10:00 p.m. and before 6:00 a.m., pursuant...

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