State v. Ketelson
150 N.M. 137
N.M.2011Background
- Officer stops vehicle for expired tags; gun found on back seat floorboard and later removed by officer.
- Defendant Ketelson (passenger) is identified; firearm belongs to him; he signs consent to search and admits ownership.
- Felony conviction in Texas discovered; Ketelson arrested for felon in possession of a firearm.
- District court suppresses firearm and statements, noting no exigent circumstances and questioning lawfulness of seizure.
- Court of Appeals affirmed suppression, citing lack of exigent circumstances and applying Garcia/Bomboy standards.
- New Mexico Supreme Court grants certiorari to assess constitutional reasonableness under both federal Fourth Amendment and Article II, Section 10; court adopts interstitial approach and reverses, holding removal of the firearm was lawful.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether removing a visible firearm during a lawful traffic stop is constitutional under the Fourth Amendment. | State argues removal is a minimal intrusion for officer safety. | Ketelson argues there were no exigent circumstances to justify removal. | Yes; removal was reasonable under the Fourth Amendment. |
| Whether the temporary removal of the firearm is reasonable under Article II, Section 10. | State asserts officer safety justifies the minimal intrusion. | Ketelson contends it infringes possessory rights beyond reasonable intrusion. | Yes; balancing officer safety and minimal interference supports reasonableness. |
Key Cases Cited
- State v. Bomboy, 144 N.M. 151 (2008-NMSC-029) (plain-view seizure during a lawful stop requires exigent circumstances or other exception (contextual relevance))
- State v. Garcia, 147 N.M. 134 (2009-NMSC-046) (interstitial approach; Article II, Section 10 broader protection; preservation issues noted)
- Terry v. Ohio, 392 U.S. 1 (1968) (reasonable suspicion justified limited weapon search for officer safety)
- Pennsylvania v. Mimms, 434 U.S. 106 (1977) (protective search/frisk logic supports temporary separation for safety)
- State v. Leyva, 149 N.M. 435 (2011-NMSC-009) (interstitial analysis; Article II broader protection; preservation considerations)