STATE v. MURILLO

No. 12757.

824 P.2d 326 (1991)

113 N.M. 186

STATE of New Mexico, Plaintiff-Appellee, v. Oscar MURILLO, Defendant-Appellant.

Court of Appeals of New Mexico.

November 20, 1991.


Attorney(s) appearing for the Case

Jacquelyn Robins, Chief Public Defender and Bruce Rogoff, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Tom Udall, Atty. Gen. and Mary Catherine McCulloch, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

BLACK, Judge.

Defendant appeals from his conviction for one count of possession of cocaine. He argues the Fourth Amendment should apply to an off-duty investigator for the district attorney's office acting as a private security officer, and that the trial court therefore erred in denying his motion to suppress the cocaine. For the reasons discussed below, we reverse and remand.

FACTS

Mike Gonzales is an investigator for the Third...

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