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STATE v. TALLEY

No. 27,480.

194 P.3d 742 (2008)

2008-NMCA-148

STATE of New Mexico, Plaintiff-Appellant, v. Billy TALLEY, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied, No. 31,289, September 18, 2008.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, M. Victoria Wilson, Assistant Attorney General, Albuquerque, NM, for Appellant.

Hugh W. Dangler, Chief Public Defender, Kathleen T. Baldridge, Assistant Appellate Defender, Santa Fe, NM, for Appellee.

OPINION

CASTILLO, Judge.

{1} The State appeals the district court's grant of Defendant's motion to suppress items pulled from Defendant's pocket after a police officer took hold of Defendant's wrist to control the removal of Defendant's hand from the pocket. We determine that the officer's action was a seizure but that it was based on reasonable suspicion that Defendant was armed and dangerous. We thus reverse the district court's grant of the...

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