STATE v. OCHOA

No. 28,183.

93 P.3d 1286 (2004)

135 N.M. 781

2004-NMSC-023

STATE of New Mexico, Plaintiff-Respondent, v. John Eric OCHOA, Defendant-Petitioner.

Supreme Court of New Mexico.

June 8, 2004.


Attorney(s) appearing for the Case

John Bigelow, Chief Public Defender, Laurel A. Knowles, Assistant Appellate Defender, Santa Fe, for Petitioner.

Patricia Madrid, Attorney General, Martha Anne Kelly, Assistant Attorney General, Albuquerque, for Respondent.


OPINION

BOSSON, Justice.

{1} Defendant appeals the denial of his motion to suppress evidence seized during a protective frisk. The question on appeal is whether the retrieval of a vial from Defendant's pocket violated his constitutional rights, when only the vial, and no drugs, were in plain view. We hold that Defendant's constitutional rights were not violated, and affirm the trial court's denial of the motion...

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