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STATE v. WERNER

No. 20819.

871 P.2d 971 (1994)

117 N.M. 315

STATE of New Mexico, Plaintiff-Respondent, v. Timothy Lee WERNER, Defendant-Petitioner.

Supreme Court of New Mexico.

Rehearing Denied March 28, 1994.

Attorney(s) appearing for the Case

Jay Faurot, P.A., William C. Birdsall, P.C., Farmington, for defendant-petitioner.

Tom Udall, Atty. Gen., William McEuen, Asst. Atty. Gen., Santa Fe, for plaintiff-respondent.

OPINION

FRANCHINI, Justice.

We granted certiorari to consider whether petitioner Werner's detention was a de facto illegal arrest without probable cause or a reasonable investigatory detention. The trial court granted Werner's motion to suppress evidence obtained during Werner's detention, finding that the detention was a de facto arrest, and the Court of Appeals reversed. We now reverse the Court of Appeals and...

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