STATE v. WINTON

No. 28,276.

229 P.3d 1247 (2009)

2010-NMCA-020

STATE of New Mexico, Plaintiff-Appellee, v. Don WINTON, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, No. 32,089, January 6, 2010.


Attorney(s) appearing for the Case

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

Hugh W. Dangler, Chief Public Defender, Eleanor Brogan, Assistant Appellate Defender, Santa Fe, NM, for Appellant.


OPINION

VIGIL, Judge.

{1} Defendant appeals the denial of his motion to suppress evidence found on him as a result of a search and seizure during the execution of a no-knock warrant. We hold that Defendant's Fourth Amendment rights were not violated when police detained Defendant for fifteen minutes while the warrant was being executed or when they subsequently conducted a pat-down search of Defendant. We therefore affirm the district court...

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