STATE v. NEMETH

No. 20,637.

23 P.3d 936 (2001)

130 N.M. 261

2001-NMCA-029

STATE of New Mexico, Plaintiff-Appellee, v. Sandra NEMETH, Defendant-Appellant.

Court of Appeals of New Mexico.

April 20, 2001.


Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Margaret E. McLean, Assistant Attorney General, Santa Fe, NM, for Appellee.

Glenn Smith Valdez, Glenn Smith Valdez Law Office, Albuquerque, NM, for Appellant.


OPINION

SUTIN, Judge.

{1} In this appeal we address the issue whether a non-consensual warrantless entry by police officers into a private residence on a possible suicide call is constitutionally permissible under a community caretaker doctrine. We also examine whether the entry, which preceded a battery on one of the police officers, was within the lawful discharge of a police officer's duties.

{2} Defendant Sandra Nemeth appeals a jury's...

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