2013 NMSC 028
N.M.2013Background
- Yerba Buena 2006 operation by NM State Police and multiple agencies targeted marijuana in Carson Estates, Taos County.
- A greenhouse and marijuana plants were observed on Davis's property during aerial surveillance; a perimeter was established around the home.
- Officer Merrell asked for consent to search; Davis verbally agreed and then signed a written consent form after being advised of his rights.
- The consent led to seizure of marijuana plants and paraphernalia from the home; total seizure included fourteen plants from the greenhouse.
- Davis moved to quash the search warrant/subpoena and suppress the evidence; trial court denied; Court of Appeals reversed; State sought certiorari to challenge voluntariness finding.
- The Supreme Court granted certiorari to determine if the consent was voluntary under totality-of-the-circumstances review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Davis voluntarily consented to the search. | State argues consent was voluntary despite armed presence. | Davis contends coercion from armed officers/helicopter and circumstances overbore his will. | Yes; consent was voluntary under totality of the circumstances. |
| Whether the trial court erred in factual weighing of voluntariness. | State asserts substantial evidence supported voluntariness. | Davis argues Court of Appeals properly weighed totality and trial court failed. | Substantial evidence supports trial court’s voluntariness finding. |
Key Cases Cited
- State v. Flores, 144 N.M. 217 (2008-NMCA-074) (voluntariness under totality-of-circumstances)
- Anderson, 107 N.M. 165 (Ct. App. 1988) (three-tier voluntariness framework; first two prongs focus on voluntariness)
- Shaulis-Powell, 127 N.M. 667, 986 P.2d 463 (1999-NMCA-090) (coercion by weapon presence; consent not automatically coerced)
- Pena, 143 F.3d 1363 (10th Cir. 1998) (affirmative, direct oral response can be specific and unequivocal consent)
- Muñoz, 144 N.M. 350, 187 P.3d 696 (2008-NMCA-090) (clarity of officer’s request and compliance evidence specific consent)
- Recalde, 761 F.2d 1448 (1985) (coercion involving removal of driver’s license; distinguishable from present case)
- Pierce, 134 N.M. 388, 77 P.3d 292 (2003-NMCA-117) (detention and coercive repeated requests may show nonvoluntariness)
- Chapman, 127 N.M. 721, 986 P.2d 1122 (1999-NMCA-106) (non-coercive consent where officer’s tone and actions are non-threatening)