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STATE v. HARBISON

No. 29,597.

156 P.3d 30 (2007)

2007-NMSC-016

STATE of New Mexico, Plaintiff-Respondent, v. Clarence HARBISON, Defendant-Petitioner.

Supreme Court of New Mexico.

Rehearing Denied April 10, 2007.

Attorney(s) appearing for the Case

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

Patricia A. Madrid, Attorney General, Martha Anne Kelly, Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} The opinion filed on February 5, 2007, in this case is withdrawn and the following substituted therefor.

{2} In this opinion, we decide two questions bearing on the requirements under the Fourth Amendment of the United States Constitution for a valid seizure: (1) when is a person who does not submit to a show of authority considered seized; and (2) when may a person's flight upon the arrival...

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