State v. Trujillo
150 N.M. 721
| N.M. | 2011Background
- Detective sought a search warrant for 1208 Juanita SW based on interviews with J.J. (age 15) and D.M. alleging years of molestation by Defendant in his bedroom.
- The affidavit described the residence in great detail and items to be seized (letters, pornographic magazines under bed, pornography on computer).
- The address 1208 Juanita SW appeared on every page, but there was no explicit statement linking that address to the Trujillo home or to Defendant.
- The issuing judge found probable cause; a search yielded items including porn magazines and a letter.
- Defendant moved to suppress, arguing insufficient nexus; the Court of Appeals affirmed suppression; the NM Supreme Court granted certiorari.
- The NM Supreme Court reversed, concluding the affidavit provided a substantial basis to infer nexus and upheld the warrant under a deferential standard of review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Nexus between evidence and place searched adequate | State's affidavit supports nexus through detail and victim statements | Herrera requires explicit link between residence and place searched | Yes; nexus inferred; warrant sustained |
| Appropriate standard of review for probable cause | Use Williamson’s substantial-basis deferential standard | Deferential standard misapplied; not de novo | Substantial-basis standard applies |
| Impact of lack of explicit nexus in affidavit | Common-sense inference supports residence-evidence link | Herrera requires explicit connection | Not fatal; inference sufficient under deferential review |
Key Cases Cited
- State v. Williamson, 146 N.M. 488 (2009-NMSC-039) (probable cause deference; not de novo review; substantial basis suffices)
- State v. Evans, 146 N.M. 319 (2009-NMSC-027) (probable cause requires nexus between crime, evidence, and place)
- State v. Snedeker, 99 N.M. 286 (1982) (residence nexus importance; corroboration allowed)
- State v. Herrera, 102 N.M. 254 (1985) (explicit residence linkage required; detailed description alone insufficient)
- United States v. Gonzales, 399 F.3d 1225 (10th Cir. 2005) (lack of residence linkage scrutinized; distinguish Herrera/Hunter)
- United States v. Hunter, 86 F.3d 679 (7th Cir. 1996) (address linkage not always explicit; inferred connection permissible)
- Massachusetts v. Upton, 466 U.S. 727 (1984) (preference for warrants; deferential review)
- Ventresca, 380 U.S. 102 (1965) (contextual, commonsense approach to probable cause)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause based on totality of circumstances)