STATE v. PIERCE

No. 22,918.

77 P.3d 292 (2003)

134 N.M. 388

2003-NMCA-117

STATE of New Mexico, Plaintiff-Appellee, v. Rodger PIERCE, Defendant-Appellant.

Court of Appeals of New Mexico.

July 22, 2003.


Attorney(s) appearing for the Case

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

John B. Bigelow, Chief Public Defender, Jennifer Byrns, Assistant Appellate Defender, Santa Fe, NM, for Appellant.


OPINION

SUTIN, Judge.

{1} Defendant pled no contest to possession of methamphetamine and reserved the right to appeal the denial of his motion to suppress. We hold that the patdown search that revealed methamphetamine in Defendant's sock was illegal, reverse the denial of the motion to suppress, and remand for further proceedings.

BACKGROUND

{2} In the afternoon of June 25, 2001, Officer Rohnnie Shaw of the Hobbs Police Department stopped...

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