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IN THE SUPREME COURT OF THE STATE OF NEW MEXICO Opinion Number: 2011-NMSC-026 Filing Date: June 15, 2011 Docket No. 32,263 STATE OF NEW MEXICO,
Plaintiff-Petitioner,
v. TERRY WILLIAMS, Defendant-Respondent.

ORIGINAL PROCEEDING ON CERTIORARI Ross C. Sanchez, District Judge
Gary K. King, Attorney General Nicole Beder, Assistant Attorney General Santa Fe, NM
for Petitioner
Jacqueline Cooper, Chief Public Defender Eleanor Brogan, Assistant Appellate Defender Santa Fe, NM
for Respondent
OPINION SERNA, Justice.
{1} We granted certiorari to resolve the question of whether the Fourth Amendment to the United States Constitution prohibits an under-clothing search as part of a search incident to arrest when the arresting officer has reason to suspect that the arrestee is concealing a weapon or contraband under his or her clothing.  The State appeals the holding of the Court of Appeals that the roadside search of Defendant Terry Williams, incident to his arrest on an outstanding felony warrant, violated the Fourth Amendment.  We adopt and apply the reasonableness factors articulated in Bell v. Wolfish, 441 U.S. 520 (1979), and conclude the officer had reasonable suspicion to conduct an under-clothing search and the search was reasonable under the Fourth Amendment.  The Court of Appeals

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New Mexico Law