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STATE v. MARQUART

No. 17767.

945 P.2d 1027 (1997)

123 N.M. 809

1997-NMCA-090

STATE of New Mexico, Plaintiff-Appellee, v. Raymond MARQUART, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied September 17, 1997.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Patricia Gandert, Assistant Attorney General, Santa Fe, for Plaintiff-Appellee.

T. Glenn Ellington, Chief Public Defender, Carolyn R. Glick, Assistant Appellate Defender, Santa Fe, for Defendant-Appellant.

OPINION

DONNELLY, Judge.

1. In this appeal we examine the issue of whether the trial court erred in revoking Defendant's probation based, in part, on the basis of evidence obtained from an allegedly illegal search of Defendant's person and vehicle. Because we find that the exclusionary rule of Article II, Section 10 of the New Mexico Constitution applies in probation revocation hearings, we reverse and remand for further proceedings.

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