State v. Harbison

OPINION

WECHSLER, J.

{1} The State of New Mexico appeals the district court’s grant of Defendant’s motion to suppress evidence. The State argues that the district court erred in granting the motion with regard to a rock of crack cocaine Defendant allegedly threw underneath a car before being handcuffed because Defendant was not seized by the arresting officer until he was placed in handcuffs and therefore Defendant abandoned the crack cocaine. The State also argues that Defendant’s seizure was supported by reasonable suspicion. Because we believe, based on the totality of the circumstances,…