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STATE v. SWAIN

No. 34,047.

366 P.3d 711 (2015)

2016-NMCA-024

STATE of New Mexico, Plaintiff-Appellant, v. Lamont SWAIN, Defendant-Appellee.

Court of Appeals of New Mexico.

October 28, 2015.

Attorney(s) appearing for the Case

Hector H. Balderas , Attorney General, Santa Fe, NM, M. Anne Kelly , Assistant Attorney General, Albuquerque, NM, for Appellant.

Garrett Law Firm, P.A., Michael T. Garrett , Clovis, NM, for Appellee.

OPINION

{1} The State of New Mexico appeals from an order granting a motion to suppress evidence based on an unconstitutional sobriety checkpoint. The State raises a single issue on appeal: whether the lack of advance publicity makes a sobriety checkpoint unconstitutional, where the remainder of the factors...

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