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STATE v. RYON

No. 28,462.

108 P.3d 1032 (2005)

137 N.M. 174

2005-NMSC-005

STATE of New Mexico, Plaintiff-Petitioner, v. Patrick Clark RYON, Defendant-Respondent.

Supreme Court of New Mexico.

March 3, 2005.

Attorney(s) appearing for the Case

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

James R. Lally, Alameda, NM, Dane Eric Hannum, Albuquerque, NM, for Respondent.

OPINION

MINZNER, Justice.

{1} The State has appealed from a decision of the district court granting Defendant's motion to suppress evidence discovered in his home during a warrantless, nonconsensual search by police. The State appealed pursuant to NMSA 1978, Section 39-3-3(B)(2) (1972). The district court suppressed the evidence on the ground that the community caretaker exception to the warrant requirement was...

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