STATE v. GALLEGOS

No. 22,888.

70 P.3d 1277 (2003)

133 N.M. 838

2003-NMCA-079

STATE of New Mexico, Plaintiff-Appellee, v. Dorothy Jean GALLEGOS, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted June 6, 2003.


Attorney(s) appearing for the Case

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

John B. Bigelow, Chief Public Defender, Theresa M. Duncan, Assistant Appellate Defender, Santa Fe, NM, for Appellant.


Certiorari Granted, No. 28,068, June 6, 2003.

OPINION

CASTILLO, Judge.

{1} Defendant appeals the denial of her motion to suppress evidence obtained pursuant to the warrantless search of her automobile by border patrol agents. She contends that the State failed to prove the existence of exigent circumstances that would justify a warrantless search. We agree that the State failed to prove exigent circumstances and reverse the denial of Defendant...

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