State v. Trujillo, 35,633

Police surveilled defendant’s home ~45 minutes, observed him arrive, and detained him while he stood in the driveway behind his vehicle.
At the same time other officers used a battering ram to forcibly breach the front door and enter the residence, damaging door and frame.
Officers did not knock and announce their identity and purpose to defendant prior to forced entry; a copy of the search warrant was provided only after entry.
Defendant moved to suppress evidence obtained during the search on the ground that officers failed to comply with the knock-and-announce requirement.
The district court granted suppression; the State appealed. The Court of Appeals proposed to affirm and, after considering the State’s memorandum in opposition, affirmed the suppression order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether officers were justified in not complying with the knock-and-announce rule before forcible entry	Noncompliance excused because knocking would have been futile: defendant was outside and under arrest, so announcing to an empty house served no purpose	Failure to announce violated Article II, §10; defendant could have been given opportunity to permit entry (e.g., hand over keys); no affirmative refusal occurred	Affirmed suppression: State did not meet burden to justify noncompliance; absence of an affirmative refusal made the futility exception inapplicable

State v. Attaway, 117 N.M. 141, 870 P.2d 103 (recognizes knock-and-announce requirement under N.M. Const. art. II, §10)
State v. Vargas, 143 N.M. 692, 181 P.3d 684 (futility exception to knock-and-announce when occupant knowingly refuses entry)
State v. Jean-Paul, 295 P.3d 1072 (clarifies futility exception requires an affirmative act of refusal; protects against needless property destruction)
State v. Halpern, 130 N.M. 694, 30 P.3d 383 (places burden on State to prove justification for knock-and-announce noncompliance)
United States v. Dunnock, 295 F.3d 431 (4th Cir.) (upheld forcible entry where officers asked defendant for keys and his silence constituted refusal; cited by State but distinguished)