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State v. Madalena

9/19/1995

with the protections afforded by Article II, Section 10 of the New Mexico Constitution. Because we conclude that all of the Betancourt factors were met, we hold that the sobriety checkpoint in this case was constitutional under the New Mexico Constitution. We do not hold that all sobriety checkpoints are per se constitutional under Article II, Section 10 of the New Mexico Constitution. Rather, the facts and circumstances of each roadblock must be examined in light of the guidelines articulated in Betancourt.


34. We affirm Defendant's conviction.


35. IT IS SO ORDERED.


BENNY E. FLORES, Judge


WE CONCUR:


THOMAS A. DONNELLY, Judge


BRUCE D. BLACK, Judge




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