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STATE v. VARGAS

No. 30,131.

181 P.3d 684 (2008)

2008-NMSC-019

STATE of New Mexico, Plaintiff-Petitioner, v. Peter A. VARGAS, Defendant-Respondent.

Supreme Court of New Mexico.

March 18, 2008.

Attorney(s) appearing for the Case

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

John Bigelow, Chief Public Defender, Vicki W. Zelle, Assistant Appellate Defender, Santa Fe, NM, for Respondent.

OPINION

SERNA, Justice.

{1} Defendant Peter Vargas was indicted on charges of trafficking (by possession with intent to distribute), possession of drug paraphernalia, and possession of marijuana. He moved to suppress the evidence against him on the ground that the police officers serving his arrest warrant had violated the knock-and-announce rule, unlawfully entered his apartment, and violated his constitutional...

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