State v. Garcia
127 N.M. 695, 986 P.2D 491, 1999-NMCA-097, 1999.NM.42116
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Publisher Description
{1} The prior opinion of the court is withdrawn and the following is substituted. This case poses the question of whether Defendant Maria Garcias general consent to search a vehicle by responding "yes" to an officers inquiry to "look at" a compartment on the vehicle was broad enough to allow the police officers to drill a hole in the compartment, thereby damaging the property. We hold that her consent to a general search was not a consent to allow the officers to damage the property. We reverse Defendants conviction and order that the motion to suppress be granted.