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STATE v. RODARTE

No. 25,273.

125 P.3d 647 (2005)

138 N.M. 668

2005-NMCA-141

STATE of New Mexico, Plaintiff-Appellee, v. Raymundo RODARTE, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted December 12, 2005.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, Jacqueline R. Medina, Assistant Attorney General, Albuquerque, NM, for Appellee.

Jon C. Fredlund, Klipstine & Fredlund, LLC, Hobbs, NM, for Appellant.

Certiorari Granted, No. 29,537, December 12, 2005.

OPINION

PICKARD, Judge.

{1} In this case, we decide whether an officer may arrest an individual solely on the basis of probable cause that a minor criminal offense for which jail time is not authorized has been committed. The United States Supreme Court has decided that such arrests are permissible under the Fourth Amendment to the United States Constitution. Atwater v. City of Lago Vista,

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