STATE v. NANCE

No. 30,095.

253 P.3d 934 (2011)

2011-NMCA-048

STATE of New Mexico, Plaintiff-Appellant, v. Koulungjim NANCE, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied, April 14, 2011, No. 32,919.


Attorney(s) appearing for the Case

Gary K. King , Attorney General, Andrew S. Montgomery , Assistant Attorney General, Farhan Khan , Assistant Attorney General, for Appellant.

Chief Public Defender, B. Douglas Wood III , Assistant Appellate Defender, for Appellee.


OPINION

VANZI, Judge.

{1} The State appeals the district court's decision to grant Defendant's motion to suppress evidence of Defendant's blood alcohol level as the fruit of an unconstitutional warrantless home arrest. Because the dissipation of alcohol is an exigent circumstance and police actions in this case were reasonably tailored to the exigent circumstances, we reverse.

BACKGROUND

{2} The facts of this case...

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