STATE v. CANDACE S.

No. 30,331.

274 P.3d 774 (2011)

2012-NMCA-030

STATE of New Mexico, Plaintiff-Appellee, v. CANDACE S., Child-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, No. 33,400, February 13, 2012.


Attorney(s) appearing for the Case

Gary K. King , Attorney General, Santa Fe, NM, Ralph E. Trujillo , Assistant Attorney General, Albuquerque, NM for Appellee.

Jacqueline L. Cooper , Chief Public Defender, Kathleen T. Baldridge , Assistant Appellate Defender, Santa Fe, NM, for Appellant.


OPINION

FRY, Judge.

{1} Candace S., a minor at the relevant time, appeals the district court's denial of her motion to suppress the results of her field sobriety tests (FSTs) and breath alcohol tests. She argues that FSTs are searches that must be supported by a warrant, an exception to the warrant requirement, or voluntary consent. She further argues that the Children's Code required the officer investigating her traffic violation to advise...

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