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STATE v. PAANANEN

No. 31,982.

321 P.3d 945 (2014)

2014-NMCA-041

STATE of New Mexico, Plaintiff-Appellant, v. Ernest PAANANEN, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted, March 28, 2014, No. 34,526.

Attorney(s) appearing for the Case

Gary K. King , Attorney General, Nicole Beder , Assistant Attorney General, Santa Fe, NM, for Appellant.

Jorge A. Alvarado , Chief Public Defender, B. Douglas Wood III , Assistant Appellate Defender, Santa Fe, NM, for Appellee.

OPINION

BUSTAMANTE, Judge.

{1} The State of New Mexico, pursuant to NMSA 1978, Section 39-3-3(B)(2) (1972), appeals from a district court order suppressing physical evidence discovered by officers during a search of Defendant's belongings following his detention for alleged shoplifting. The State raises two issues on appeal: (1) that the district court erred in failing to recognize a search incident to arrest where the officers had probable...

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