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U.S. v. MARTINEZ

No. CR 09-2439 JB.

686 F.Supp.2d 1161 (2009)

UNITED STATES of America, Plaintiff, v. Joseph MARTINEZ, Defendant.

United States District Court, D. New Mexico.

November 16, 2009.

Attorney(s) appearing for the Case

Gregory J. Fouratt, United States Attorney, Presiliano Torrez, Stephen R. Kotz, Charlyn E. Rees, Assistant United States Attorneys, Albuquerque, NM, for Plaintiff.

Sam Bregman, Eric Loman, Bregman & Loman, P.C., Brad D. Hall, Albuquerque, NM, for Defendant.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant's Motion to Suppress, filed September 9, 2009 (Doc. 17). The Court held an evidentiary hearing on October 29, 2009. The primary issues are: (i) whether the police were justified, pursuant to the exigent-circumstances exception to the warrant requirement, to enter Defendant Joseph Martinez' home to check for individuals who might...

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