STATE v. KETELSON

No. 32,170.

257 P.3d 957 (2011)

2011-NMSC-023

STATE of New Mexico, Plaintiff-Petitioner, v. Gregory KETELSON, Defendant-Respondent.

Supreme Court of New Mexico.

May 20, 2011.


Attorney(s) appearing for the Case

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

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

Goldberg Segalla, LLP, Matthew S. Lerner , Brian T. Stapleton , Albany, NY, for Amicus Curiae National Rifle Association of America.


OPINION

MAES, Justice.

{1} The issue presented in this appeal is whether a police officer can temporarily remove a visible firearm from a vehicle to prevent immediate access to it by an occupant during the short duration of a lawful traffic stop, consistent with the strictures of the Fourth Amendment to the United States Constitution and Article II, Section 10 of the New Mexico Constitution. Pursuant to our interstitial approach to constitutional...

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