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STATE v. GONZALES

No. 28,411.

228 P.3d 519 (2009)

2010-NMCA-023

STATE of New Mexico, Plaintiff-Appellant, v. Carmen GONZALES, Defendant-Appellee.

Court of Appeals of New Mexico.

December 21, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Francine A. Chavez, Assistant Attorney General, Santa Fe, NM, for Appellant.

Law Offices of Nancy L. Simmons, P.C., Nancy L. Simmons, Albuquerque, NM, for Appellee.

OPINION

VANZI, Judge.

{1} The knock and announce rule requires that officers entering a residence to execute a search or arrest warrant knock and announce their identity and purpose and then wait a reasonable time to determine whether consent to enter will be given. See State v. Vargas, 2008-NMSC-019, ¶ 9, 143 N.M. 692, 181 P.3d 684; State v. Attaway...

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