State v. Crane
2014 NMSC 026
N.M.2014Background
- Anonymous tip about a strong chemical odor from Room 316 at Choice Inn, Clovis; motel registry shows Kidd occupied Room 316 and Crane was associated with Kidd.
- Police observed Kidd discard an unsealed box in the motel dumpster and later retrieved it for inspection.
- Two sealed garbage bags were recovered from the dumpster; contents included methamphetamine manufacturing items; strong chemical smell observed upon opening.
- Defendant and Kidd were detained after leaving Room 316 with a large suitcase; a warrant was obtained to search Room 316 based in part on dumpster observations.
- District court suppressed the dumpster evidence as a violation of Article II, Section 10; Court of Appeals affirmed the suppression; Supreme Court affirmed on grounds of state constitutional protection, adopting a Katz two-prong framework and distinguishing Granville.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Article II, Section 10 protects garbage in a motel dumpster more than the Fourth Amendment. | Crane—NM constitution provides greater protection; Granville controls. | State—Fourth Amendment standard governs; Granville should be limited. | Yes; Article II, Section 10 provides greater protection; warrant required. |
| Whether Defendant adequately preserved his state constitutional claim. | Crane preserved claim via state-constitution-based suppression motion. | State contends preservation sufficient or appropriate under procedure. | Defendant adequately preserved under Article II, Section 10. |
| Whether there are valid grounds to depart from federal garbage-search jurisprudence. | Crane—state-specific reasons justify elaboration of state doctrine. | State—federal framework may be insufficient; depart not required. | Yes; NM uniquely favors warrants and elaborates state doctrine. |
| Whether there was a reasonable expectation of privacy in motel-dumpster garbage. | Crane—actual expectation exists; sealed opaque bags show privacy interest. | State— garbage in a commercial dumpster lacks reasonable expectation. | Yes; Article II, Section 10 protects sealed garbage; warrant required. |
Key Cases Cited
- State v. Granville, 140 N.M. 345 (2006-NMCA-098) (held protected privacy in curbside residential garbage under Article II, §10)
- Katz v. United States, 389 U.S. 347 (1967) (two-prong test: actual expectation of privacy and societal recognition of reasonableness)
- California v. Greenwood, 486 U.S. 35 (1988) (no federal Fourth Amendment protection for warrantless garbage searches)
- Stoner v. California, 376 U.S. 483 (1964) (privacy protections for hotel room occupants)
- State v. Attaway, 117 N.M. 141 (1994-NMSC-011) (recognizes strong privacy protections under Article II, §10)