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STATE v. ALMANZAR

No. 33,763.

316 P.3d 183 (2013)

2014-NMSC-001

STATE of New Mexico, Plaintiff-Petitioner, v. Daniel ALMANZAR, Defendant-Respondent.

Supreme Court of New Mexico.

December 2, 2013.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Nicole Beder , Assistant Attorney General, Santa Fe, NM, for Petitioner.

Jorge A. Alvarado , Chief Public Defender, Nina Lalevic , Assistant Appellate Defender, Santa Fe, NM, for Respondent.

OPINION

VIGIL, Justice.

{1} In this case we address whether the phrase "at the scene" in NMSA 1978, Section 31-1-7(A) (1995) authorizes law enforcement officers to make a warrantless arrest for domestic violence beyond the precise geographic location where the disturbance occurred. In this case, Daniel Almanzar ("Defendant") was arrested without a warrant across the street from where he allegedly battered his girlfriend ("Victim"). When the...

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