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STATE v. MOORE

No. 27,308.

183 P.3d 158 (2008)

2008-NMCA-056

STATE of New Mexico, Plaintiff-Appellant, v. Gabriel MOORE, Defendant-Appellee.

Court of Appeals of New Mexico.

March 19, 2008.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Andrew S. Montgomery, Assistant Attorney General, Santa Fe, NM, for Appellant.

John Bigelow, Chief Public Defender, Joseph P. Walsh, Assistant Appellate Defender, Santa Fe, NM, for Appellee.

OPINION

VIGIL, Judge.

{1} In this State's appeal, we consider whether anhydrous ammonia leaking from the Defendant's garage by itself provided exigent circumstances to justify a warrantless entry into Defendant's home, located in a separate building thirty to forty feet away. The district court found that it did not and suppressed all evidence seized from Defendant's home. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND...

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