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STATE v. LOWE

No. 22,523.

90 P.3d 539 (2004)

135 N.M. 520

2004-NMCA-054

STATE of New Mexico, Plaintiff-Appellant, v. Kimberle LOWE, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted May 3, 2004.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Arthur W. Pepin, Assistant Attorney General, Santa Fe, NM, for Appellant.

John B. Bigelow, Chief Public Defender, Trace L. Rabern, Assistant Appellate Defender, Santa Fe, NM, for Appellee.

Certiorari Granted, No. 28,584, May 3, 2004.

OPINION

SUTIN, Judge.

{1} The State appeals an order suppressing evidence of Defendant Kimberle Lowe's possession of drugs discovered after a search. During a traffic stop for an outdated registration tag, Defendant voluntarily offered to allow the officer to search her vehicle. This volunteered offer immediately followed the officer's question at the outset of the stop as to whether Defendant had any...

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