State v. Crane
149 N.M. 674
N.M. Ct. App.2011Background
- Police investigated anonymous tip of strong chemical odor from Motel Room 316; suspect Kidd associated with Room 316; garbage from dumpster contained items used to manufacture methamphetamine; agents opened/searched two sealed bags without a warrant; subsequent surveillance led to further seizures and a warrant-based search of Room 316 and vehicles; Defendant challenged the dumpster search under Granville; district court suppressed the dumpster evidence; State appealed.
- Defendant was found sharing Room 316; officers smelled chemical odor again in suspect’s presence; items found included scales, pipes, baggies, acids, fuels, and letters; Defendant charged with trafficking methamphetamine and paraphernalia.
- The district court granted suppression as to the dumpster contents under Granville; State raised New Mexico constitutional privacy issue only; Court uses New Mexico Constitution Article II, Section 10 standard; de novo review.
- Granville analysis rejects Fourth Amendment public-access theory and recognizes privacy in garbage in opaque bags left for collection behind a residence; contents reveal intimate personal affairs.
- This case extends Granville’s privacy to a motel guest sharing a room; the contents of motel room garbage in a motel dumpster remain protected absent other exceptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Defendant have a reasonable expectation of privacy in motel garbage under NM Constitution? | Defendant based on Granville; privacy extends to garbage left for collection. | State cannot defeat privacy by motel dumpster placement. | Yes; reasonable privacy expectation under NM Constitution. |
| Should Granville privacy extend to garbage in a motel dumpster? | Granville applies where garbage is left for collection in a public area; motel context similar to home occupancy. | Granville does not apply; motel dumpster reduces privacy expectations. | Yes; NM Constitution protects contents of motel room garbage in dumpster. |
Key Cases Cited
- State v. Granville, 140 N.M. 345 (2006-NMCA-098) (recognizes privacy in residential garbage left for collection; adopts state-constitutional approach)
- Hempele, 576 A.2d 793 (1990) (state constitution privacy in garbage; reasonable expectation suffices)
- Stoner v. California, 376 U.S. 483 (1964) (guest in hotel room protected from unreasonable searches)
- Zamora, 2005-NMCA-039 (2005) (motel guest privacy in motel room; invited overnight guest standard)
- Morris v. Dept. of Public Safety, 680 A.2d 90 (1996) (privacy in apartment communal garbage; supports granville concept)