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STATE v. BENAVIDEZ

No. 28,636.

231 P.3d 1132 (2010)

2010-NMCA-035

STATE of New Mexico, Plaintiff-Appellee, v. Andrew BENAVIDEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, March 24, 2010, No. 32,254.

Attorney(s) appearing for the Case

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

Hugh W. Dangler, Chief Public Defender, Adrianne R. Turner, Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

CASTILLO, Judge.

{1} Defendant, a parolee, appeals a search of his home that was conducted pursuant to conditions of his parole. We conclude that the Fourth Amendment does not prohibit parole searches that are based on reasonable suspicion of a parole violation and that in the present case the parole officer had reasonable suspicion to conduct the contested search. We do not address Defendant's state constitutional claim because it was...

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