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STATE v. VANDENBERG

No. 21,715.

48 P.3d 92 (2002)

132 N.M. 354

2002-NMCA-066

STATE of New Mexico, Plaintiff-Appellee, v. Shawn VANDENBERG, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted June 6, 2002.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, William McEuen, Assistant Attorney General, Santa Fe, NM, for Appellee.

Phyllis H. Subin, Chief Public Defender, Vicki W. Zelle, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

Certiorari Granted, No. 27,509, June 6, 2002.

OPINION

ALARID, Judge.

{1} This appeal requires us to decide whether Defendant's constitutional right to be free from unreasonable searches and seizures was violated when Defendant and his companion were detained, and thereafter subjected to a weapons pat down, following a routine traffic stop. We hold that Defendant's Fourth Amendment rights were violated because (1) the officers who conducted...

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