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STATE v. MUNOZ

No. 26,956.

187 P.3d 696 (2008)

2008-NMCA-090

STATE of New Mexico, Plaintiff-Appellee, v. Daniel MUÑOZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted June 27, 2008.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, Jacqueline R. Medina, Assistant Attorney General, Albuquerque, NM, for Appellee.

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

Certiorari Granted, No. 31,151, June 27, 2008.

OPINION

WECHSLER, Judge.

{1} The central issue in this appeal is whether Defendant Daniel Muñoz, a passenger on a bus, was subjected to an unlawful search that was not performed with his valid consent. During an inspection of the cargo of the bus at a checkpoint, a trained dog alerted to a bag that was ultimately linked to Defendant. Law enforcement agents subsequently questioned Defendant...

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