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STATE v. FIGUEROA

No. 28,798.

242 P.3d 378 (2010)

2010-NMCA-048

STATE of New Mexico, Plaintiff-Appellee, v. Gary FIGUEROA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, June 2, 2010, No. 32,360.

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, Kathleen T. Baldridge , Assistant Appellate Defender, Santa Fe, NM, for Appellant.

OPINION

GARCIA, Judge.

{1} Defendant entered a conditional plea to possession of cocaine, reserving the right to appeal the denial of his motion to suppress. We conclude that the drugs were obtained as a result of an illegal search and reverse. Once the officer dispelled his suspicions and told Defendant he was free to go, the officer was not justified in asking further questions about drugs and weapons or in placing Defendant in a secure, spread...

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