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STATE v. PITTMAN

No. 24,671.

127 P.3d 1116 (2005)

139 N.M. 29

2006-NMCA-006

STATE of New Mexico, Plaintiff-Appellee, v. Michael PITTMAN, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted January 10, 2006.

Attorney(s) appearing for the Case

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

John Bigelow, Chief Public Defender, Cordelia A. Friedman, Assistant Appellate Defender, Santa Fe, for Appellant.

Certiorari Granted, No. 29,584, January 10, 2006.

OPINION

SUTIN, J.

{1} We consider the legality of a search of Defendant's car that occurred after Defendant was arrested, handcuffed, and placed in a patrol car. We conclude that under Article II, Section 10 of the New Mexico Constitution the search was illegal. We reverse the district court's denial of Defendant's motion to suppress and remand for further proceedings.

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