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STATE v. SANTIAGO

No. 30,953.

217 P.3d 89 (2009)

2009-NMSC-045

STATE of New Mexico, Plaintiff-Petitioner, v. Luis SANTIAGO, Defendant-Respondent.

Supreme Court of New Mexico.

August 31, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, James W. Grayson, Assistant Attorney General, Santa Fe, NM, for Petitioner.

Hugh W. Dangler, Chief Public Defender, JK Theodosia Johnson, Assistant Appellate Defender, Santa Fe, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} We consider whether a search performed by private security guards at a privately owned shopping mall is subject to the Fourth Amendment and, if so, whether evidence discovered during the search should be excluded as the fruit of an unreasonable search and seizure. Because we hold that the Fourth Amendment does not apply, we reverse the Court of Appeals and remand for further proceedings.

BACKGROUND

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