Defendant was present when the search warrant was executed and he was handcuffed. Fifteen minutes into the search, he was searched too. The search warrant was diligently being pursued, and the search of his person was not unreasonable because of the length of the detention. State v. Winton, 2010 NMCA 20, 148 N.M. 75, 229 P.3d 1247 (November 18, 2009), certiorari denied, 2010 147 N.M. 673, 227 P.3d 1055 (2010).<\/p>\n
Defendant was seen fumbling around in his car when stopped, and the officer got him out. His belt was undone and his shirttail was protruding through the fly. The officer had reasonable suspicion, and he was justified in looking where the shirttail was coming from. State v. Williams, 2010 NMCA 30, 148 N.M. 160, 231 P.3d 616 (2010), certiorari granted, April 1, 2010, No. 32,263.<\/p>\n
Defense counsel was not ineffective for not challenging the officer\u2019s entry into the property in response to a 911 call for help. State v. Pierce, 155 Wn. App. 701 (2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"
b2evALnk.b2WPAutP Continue reading