{7} Defendant further maintains that the police did not have a reasonable basis to connect Defendant to the residence or the criminal activity and thus could not detain him. In State v. Graves, 119 N.M. 89, 888 P.2d 971 (Ct.App. 1994), relied on by Defendant, this Court addressed the rights of visitors during the execution of a search warrant. We held that visitors cannot be detained unless there is a reasonable basis to believe that the visitor is connected to the premises or to criminal activity based on the totality of the circumstances.

This Court has determined that officers cannot detain a non-resident who is present when a home is raided on the basis of his presence alone; there must be " 'presence plus' " facts that would make detaining or searching a non-resident reasonable under the circumstances. State v. Graves, 119 N.M. 89, 93, 888 P.2d 971, 975 (Ct.App. 1994). In Graves, this Court held that the defendant should have been released "[o]nce it was established that (1) [d]efendant was not a resident of the house being subjected to a warranted search, (2) the police had no specific reason to fear [d]efendant, and (3) the police had no more than a bare suspicion that he might be connected with the contraband expected to be found in the premises."

See, e.g., State v. Attaway, 117 N.M. 141, 145-46, 870 P.2d 103, 107-08 (1994); State v. Werner, 117 N.M. 315, 316-17, 871 P.2d 971, 972-73 (1994); Aguilar v. State, 106 N.M. 798, 799, 751 P.2d 178, 179 (1988); State v. Juarez, 120 N.M. 499, 502, 903 P.2d 241, 244 (Ct.App.); State v. Graves, 119 N.M. 89, 91, 888 P.2d 971, 973 (Ct.App. 1994). However, none of the cases cited by Defendant involve situations where this Court or our Supreme Court considered reexamining the abuse of discretion standard.