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STATE v. VARGAS

No. 24,880.

149 P.3d 961 (2006)

2007-NMCA-006

STATE of New Mexico, Plaintiff-Appellee, v. Peter A. VARGAS, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted December 14, 2006.

Attorney(s) appearing for the Case

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

John Bigelow, Chief Public Defender, Cynthia S. Sully, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

Certiorari Granted, No. 30,131, December 14, 2006.

OPINION

ALARID, Judge.

{1} This case presents an opportunity to clarify the requirements of the knock-and-announce rule. We hold that the announcement component of the knock-and-announce rule requires officers executing an arrest warrant to inform the occupants of a residence that the officers are proceeding pursuant to a warrant. We further hold that unless and until officers have announced...

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