STATE v. WILLIAMS

No. 32,263.

255 P.3d 307 (2011)

2011-NMSC-026

STATE of New Mexico, Plaintiff-Petitioner, v. Terry WILLIAMS, Defendant-Respondent.

Supreme Court of New Mexico.

June 15, 2011.


Attorney(s) appearing for the Case

Gary K. King , Attorney General, Nicole Beder , Assistant Attorney General, Santa Fe, NM, for Petitioner.

Jacqueline Cooper , Chief Public Defender, Eleanor Brogan , Assistant Appellate Defender, Santa Fe, NM, for Respondent.


OPINION

SERNA, Justice.

We granted certiorari to resolve the question of whether the Fourth Amendment to the United States Constitution prohibits an under-clothing search as part of a search incident to arrest when the arresting officer has reason to suspect that the arrestee is concealing a weapon or contraband under his or her clothing. The State appeals the holding of the Court of Appeals that the roadside search of Defendant Terry Williams, incident...

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