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STATE v. BOYSE

Nos. 30,656, 30,657.

265 P.3d 1285 (2011)

2011-NMCA-113

STATE of New Mexico, Plaintiff-Appellee, v. Carol BOYSE, Defendant-Appellant, State of New Mexico, Plaintiff-Appellee, v. Lester Boyse, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, November 4, 2011, No. 33,257.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, William Lazar , Assistant Attorney General, Santa Fe, NM, for Appellee.

Jeff C. Lahann , Christopher K.P. Cardenas , Las Cruces, NM, for Appellants.

OPINION

BUSTAMANTE, Judge.

{1} Defendants appeal the denial of a motion to suppress evidence that was obtained pursuant to a warrant that the investigator obtained by telephone. At issue is whether such warrants are recognized under the New Mexico Constitution. We hold that they are not and reverse.

I. BACKGROUND

{2} On August 21, 2008, Sergeant Jeff Gray (Investigator) responded to a call about a dead horse smell...

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