STATE v. BOBLICK

No. 23,160.

93 P.3d 775 (2004)

135 N.M. 754

2004-NMCA-078

STATE of New Mexico, Plaintiff-Appellee, v. Thomas BOBLICK, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied June 22, 2004.


Attorney(s) appearing for the Case

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

Shannon L. Oliver, Joseph P. Kennedy, Kennedy & Oliver, P.A., Albuquerque, NM, for Appellant.


Certiorari Denied, No. 28,697, June 22, 2004.

OPINION

FRY, Judge.

{1} Defendant Thomas Boblick appeals the denial of a motion to suppress evidence seized from his person subsequent to a law enforcement officer's patdown search for weapons. The State claims that the search was not a Fourth Amendment seizure but instead was a voluntary "community caretaking" encounter. The State further argues that officer safety concerns justified the patdown. Defendant...

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