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STATE v. BOYSE

No. 33,257.

303 P.3d 830 (2013)

2013-NMSC-024

STATE of New Mexico, Plaintiff-Petitioner, v. Lester BOYSE and Carol Boyse, Defendants-Respondents.

Supreme Court of New Mexico.

June 10, 2013.

Attorney(s) appearing for the Case

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

Jeffrey C. Lahan , Las Cruces, NM, for Respondents.

OPINION

VIGIL, Justice.

I. INTRODUCTION

{1} This case requires us to interpret the New Mexico Constitution to determine whether it allows for the process of requesting and approving search warrants by telephone. Article II, Section 10 of the New Mexico Constitution requires search warrants to be based on a written showing of probable cause supported by oath or affirmation. We are asked to decide whether the written showing requirement...

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