STATE v. VALENCIA OLAYA

No. 9263.

736 P.2d 495 (1987)

105 N.M. 690

STATE of New Mexico, Plaintiff-Appellee, v. Henry VALENCIA OLAYA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied May 7, 1987.


Attorney(s) appearing for the Case

Dean E. Border, Mitchell & Border, Tucumcari, for defendant-appellant.

Hal Stratton, Atty. Gen., Gail MacQuesten, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

MINZNER, Judge.

Defendant appeals his conviction for possession of cocaine, contending that the trial court erred in denying his motion to suppress evidence seized prior to arrest. Defendant raises three issues: (1) whether the police roadblock violated the fourth amendment of the United States Constitution and article II, Section 10 of the New Mexico Constitution; (2) whether the state established that defendant consented to the search of his automobile...

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