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STATE v. RIVERA

No. 31,656.

241 P.3d 1099 (2010)

2010-NMSC-046

STATE of New Mexico, Plaintiff-Respondent, v. Erica RIVERA, Defendant-Petitioner.

Supreme Court of New Mexico.

October 19, 2010.

Attorney(s) appearing for the Case

Hugh W. Dangler , Chief Public Defender, J.K. Theodosia Johnson , Assistant Appellate Defender, Santa Fe, NM, for Petitioner.

Gary K. King , Attorney General, Andrew S. Montgomery , Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

CHÁVEZ, Justice.

{1} In this case, a private citizen is alleged to have opened a sealed container that contained a toolbox holding several opaque bundles. The private citizen did not open any of the opaque bundles. When a law enforcement officer who was made aware of the private search obtained possession of the resealed container, he accompanied a second private citizen who re-opened the sealed container. The officer then cut open...

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