State v. Paananen

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 cause to arrest independent from the fruits of the search, and (2) that the district court erred in requiring proof beyond all doubt for a claim of…