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STATE v. BOMBOY

No. 30,381.

184 P.3d 1045 (2008)

2008-NMSC-029

STATE of New Mexico, Plaintiff-Petitioner, v. James BOMBOY, Defendant-Respondent.

Supreme Court of New Mexico.

May 5, 2008.

Attorney(s) appearing for the Case

Gary King, Attorney General, Katherine Zinn, Assistant Attorney General, Santa Fe, NM, for Petitioner.

Arlon L. Stoker, Farmington, NM, for Respondent.

OPINION

CHÁVEZ, Chief Justice.

{1} Following a lawful traffic stop of Defendant James Bomboy, a police officer saw in Defendant's car, in plain view, a clear crystal substance that the officer immediately recognized as an illegal substance. After arresting Defendant, the officer reached into Defendant's automobile and retrieved the substance, which was confirmed to be methamphetamine. The issue in this case is whether an officer can seize...

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