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STATE v. RIVERA

No. 25,798.

207 P.3d 1171 (2009)

2009-NMCA-049

STATE of New Mexico, Plaintiff-Appellant, v. Erica RIVERA, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted, No. 31,656, May 5, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Andrew S. Montgomery, Assistant Attorney General, Santa Fe, NM, for Appellant.

Hugh W. Dangler, Chief Public Defender, J.K. Theodosia Johnson, Assistant Appellate Defender, Navin H. Jayaram, Assistant Appellate Defender, Santa Fe, NM, for Appellee.

OPINION

WECHSLER, Judge.

{1} This case is before us on remand from the New Mexico Supreme Court. In this opinion, we address whether the State's warrantless search and seizure was reasonable. This inquiry requires findings on the factual question of whether there was state involvement in the original opening of the package in Denver. We reverse and remand this issue to the district court for further consideration. We analyze the remaining issues...

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