STATE v. MILLER

No. 17129.

943 P.2d 541 (1997)

123 N.M. 507

1997-NMCA-060

STATE of New Mexico, Plaintiff-Appellant, v. Jody MILLER, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied June 25, 1997.


Attorney(s) appearing for the Case

Tom Udall, Attorney General, Arthur W. Pepin, Ass't Attorney General, Santa Fe, for Appellant.

William C. Birdsall, William C. Birdsall, P.C., Farmington, for Appellee.


OPINION

APODACA, Judge.

1. The State appeals the trial court's order suppressing certain evidence seized from Defendant after his arrest for domestic abuse. The trial court held that Defendant's arrest was not authorized under the Family Violence Protection Act (Act), NMSA 1978, §§ 40-13-1 to -8 (Repl.Pamp.1994). As a result, the court ruled, the evidence seized was not incident to a lawful arrest. The trial court also held that there were...

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