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STATE v. JEAN-PAUL

No. 31,179.

295 P.3d 1072 (2013)

2013-NMCA-032

STATE of New Mexico, Plaintiff-Appellee, v. Pebbles JEAN-PAUL, Defendant-Appellant.

Court of Appeals of New Mexico.

January 22, 2013.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Santa Fe, NM, Margaret McLean , 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

WECHSLER, Judge.

{1} Absent various exceptions, Article II, Section 10 of the New Mexico Constitution requires officers executing a warrant at a premises to knock and announce their presence and authority and then wait a reasonable time to permit those inside to voluntarily open the door. Police executing a search warrant at Defendant Pebbles Jean-Paul's home knocked and announced their presence and authority, waited one second, and...

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