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STATE v. CRANE

No. 33,014.

329 P.3d 689 (2014)

2014-NMSC-026

STATE of New Mexico, Plaintiff-Petitioner, v. Kevyn CRANE, Defendant-Respondent.

Supreme Court of New Mexico.

June 30, 2014.

Attorney(s) appearing for the Case

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

Law Works, L.L.C., John A. McCall , Albuquerque, NM, for Respondent.

OPINION

VIGIL, Chief Justice.

{1} With this opinion we address whether, pursuant to Article II, Section 10 of the New Mexico Constitution, Kevyn Crane (Defendant) had a reasonable expectation of privacy in garbage left out for collection in a motel dumpster. The district court found that Defendant did have such an expectation, and it entered an order suppressing evidence obtained in the dumpster, as well as evidence later obtained by a warrant...

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