STATE v. BARTON

Nos. 3212, 3213 and 3214.

584 P.2d 165 (1978)

92 N.M. 118

STATE of New Mexico, Plaintiff-Appellant, v. John BARTON, Steve Rodriguez, and Nancy Galloway, Defendants-Appellees.

Court of Appeals of New Mexico.

Writ of certiorari denied August 17, 1978.


Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Roderick A. Dorr, Asst. Atty. Gen., Anthony Tupler, Asst. Dist. Atty., Santa Fe, for plaintiff-appellant.

Tom Cherryhomes, Carlsbad, for appellee Rodriguez.

James L. Shuler, Shuler, Murphy & Shuler, Carlsbad, for appellee Galloway.

Joseph Erwin Gant III, Carlsbad, for appellee Barton.


OPINION

WOOD, Chief Judge.

These consolidated appeals involve the propriety of the trial court's order suppressing evidence. We discuss: (1) the initial stop; (2) probable cause to arrest; and (3) search contemporaneous with the arrest. We hold the stop, the arrest, and the search were valid. This results in reversal of the trial court's order. Accordingly, we need not discuss the question of the trial court's sua sponte dismissal of the charges against...

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