STATE v. WAGONER

No. 18726.

966 P.2d 176 (1998)

126 N.M. 9

1998-NMCA-124

STATE of New Mexico, Plaintiff-Appellant, v. Tim WAGONER, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied August 27, 1998.


Attorney(s) appearing for the Case

Tom Udall, Attorney General, Patricia Gandert, Assistant Attorney General, Santa Fe, for Appellant.

Phyllis Subin, Chief Public Defender, Susan Roth, Assistant Appellate Defender, Santa Fe, for Appellee.


OPINION

HARTZ, Chief Judge.

{1} The State appeals the district court's order suppressing evidence seized from Defendant's residence. The district court held that a law enforcement officer had acted unlawfully when he conducted a warrantless "sweep" of the residence to look for persons who could destroy evidence or threaten the officer's safety. The court ruled that the officer had probable cause to believe that there was marijuana in the residence...

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