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STATE v. GRANVILLE

No. 25,005.

142 P.3d 933 (2006)

2006-NMCA-098

STATE of New Mexico, Plaintiff-Appellant, v. Kevin GRANVILLE, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted August 22, 2006.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Santa Fe, NM, M. Anne Kelly, Assistant Attorney General, Albuquerque, NM, for Appellant.

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

Certiorari Granted, No. 29,890, August 22, 2006.

OPINION

CASTILLO, Judge.

{1} This case deals with the sufficiency of a search warrant. The determining question, however, is whether Article II, Section 10, of the New Mexico Constitution prohibits the warrantless search of an individual's garbage bags placed in trash containers located in an alley behind a residence. Because we conclude that existing precedent and New Mexico's distinct...

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