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STATE v. BENALLY

No. S-1-SC-35145.

368 P.3d 403 (2016)

2016-NMSC-010

STATE of New Mexico, Plaintiff-Petitioner, v. Norman BENALLY, Defendant-Respondent.

Supreme Court of New Mexico.

February 25, 2016.

Attorney(s) appearing for the Case

Hector H. Balderas , Attorney General, M. Anne Kelly , Assistant Attorney General, Elizabeth Ashton , Assistant Attorney General, Santa Fe, NM for Petitioner.

Jorge A. Alvarado , Chief Public Defender, William O'Connell , Assistant Appellate Defender, Santa Fe, NM for Respondent.

OPINION

{1} In this case, we hold that when law enforcement officers seized, impounded, and sealed a vehicle, under NMSA 1978, Section 31-27-5(A) (2002, amended 2015), they "ma[de] a seizure" of the currency that the vehicle contained. On June 23, 2011, Gallup police officers seized a vehicle. On June 29...

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