276 P.3d 963
N.M. Ct. App.2012Background
- Armendariz-Nunez was stopped after nearly striking a deputy’s vehicle; odor of alcohol observed and DWI investigation initiated.
- A DWI investigator conducted field sobriety tests; arrest for DWI followed based on indications of impairment.
- During a search incident to arrest, a folded dollar bill containing cocaine was found in Defendant’s pocket.
- Deputy opened the bill and exposed cocaine; narcotics agent testified that bills are used to conceal cocaine.
- Defendant moved to suppress statements and physical evidence; district court admitted the cocaine but excluded a statement about contents.
- Jury convicted Defendant of possession of cocaine; appeal challenges the suppression ruling and sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search incident to arrest was reasonable under the US and NM Constitutions | State: valid under Fourth Amendment; NM Article II, Section 10 does not require additional protection. | Armendariz-Nunez: NM Constitution provides greater protection than the federal standard. | Search incident to arrest reasonable; no suppression required. |
| Whether there was sufficient evidence to convict of possession of cocaine | State: evidence showing cocaine in Defendant’s possession and knowledge supports conviction. | Armendariz-Nunez: insufficient proof of possession or knowledge beyond reasonable doubt. | Evidence sufficient to support conviction. |
Key Cases Cited
- State v. Williams, 2011-NMSC-026 (2011) (establishes mixed question standard for suppression review)
- State v. Arredondo, 1997-NMCA-081 (1997) (search incident to arrest reasonableness within immediate control)
- State v. Leyva, 2011-NMSC-009 (2011) (Article II, Section 10 typically more expansive; preservation rules vary)
- State v. Gutierrez, 2004-NMCA-081 (2004) ( NM Const. protections parallel Fourth Amendment)
- State v. Rowell, 2008-NMSC-041 (2008) (reasonableness of search incident to lawful arrest; time/scope/inquiry)
- State v. Ochoa, 2004-NMSC-023 (2004) (drug paraphernalia/packaging may be inferred from officer experience)