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STATE v. ECKARD

No. 31,027.

281 P.3d 1248 (2012)

2012-NMCA-067

STATE of New Mexico, Plaintiff-Appellee, v. Mark ECKARD, Defendant-Appellant.

Court of Appeals of New Mexico.

June 4, 2012.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Margaret E. McLean , Assistant Attorney General, Santa Fe, NM, for Appellee.

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

OPINION

VANZI, Judge.

{1} Defendant Mark Eckard appeals the district court's denial of his motion to suppress. While executing an arrest warrant on Defendant and his wife, officers conducted a "protective sweep" of Defendant's house that led to the discovery and subsequent seizure of over one hundred and sixty pounds of marijuana. Defendant and his wife were outside their house in the back yard when the arrests took place. Defendant raises two...

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