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STATE v. LOVATO

No. S-1-SC-37859.

478 P.3d 927 (2020)

2021-NMSC-004

STATE of New Mexico, Plaintiff-Respondent, v. Robert L. LOVATO, Defendant-Petitioner.

Supreme Court of New Mexico.

Filing Date: December 3, 2020.

Attorney(s) appearing for the Case

Bennett J. Baur , Chief Public Defender, Kathleen T. Baldridge , Assistant Appellate Defender, Santa Fe, NM for Petitioner.

Hector H. Balderas , Attorney General, Eran Shemuel Sharon , Assistant Attorney General, Santa Fe, NM for Respondent.

OPINION

{1} This case requires us to decide whether a law enforcement officer's threat to obtain a search warrant renders a subsequent consent to search involuntary. We hold that when a law enforcement officer procures consent to search through the threat to obtain a search warrant, and as a result the defendant...

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