State v. Yazzie
34,537
| N.M. Ct. App. | May 11, 2017Background
- Officer Temples responded at 9:43 p.m. to an apartment on a "loud thumping"/welfare-check dispatch; he knocked and announced repeatedly for ~8–10 minutes with no answer.
- While knocking he heard door-knob rattling, intermittent child sounds, a baby briefly crying that became continuous, and a child saying “mommy, mommy wake up.”
- Concerned for the children’s welfare, the officer opened the apartment door, observed two adults lying on the floor, two small children and an infant, called for backup and a portable breath tester, and later arrested Defendant after a .286 BAC reading.
- Defendant moved to suppress all evidence obtained from the warrantless entry/safety sweep; the district court denied suppression, finding the entry justified under the emergency-assistance (and alternatively community-caretaker) doctrine.
- Defendant entered a conditional no-contest plea reserving the right to appeal the suppression ruling; the Court of Appeals reversed the denial of suppression and remanded to allow withdrawal of the plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrantless entry was justified under the emergency-assistance doctrine | Entry was justified because officer had credible, specific facts (dispatch for welfare check, prolonged no response, knob rattling, child crying and calling for mother) indicating an emergency | Entry was not justified; facts did not show a "genuine emergency" or compelling need to prevent imminent danger to life or limb | Reversed: entry did not meet Ryon emergency-assistance test; suppression required |
| Whether the no-contest plea was invalid because the charged offense was nonexistent | State did not contest plea validity on appeal; argued suppression ruling was dispositive | Defendant argued plea invalid but reserved right to appeal suppression; sought ability to withdraw plea if suppression reversed | Not reached on merits: because suppression reversed, defendant may withdraw plea on remand |
Key Cases Cited
- State v. Ryon, 137 N.M. 174, 108 P.3d 1032 (N.M. 2005) (sets narrow three-part test for warrantless home entry under the emergency-assistance doctrine)
- State v. Baca, 141 N.M. 65, 150 P.3d 1015 (N.M. Ct. App. 2007) (emphasizes Ryon’s requirement of a strong, genuine emergency to justify home entry)
- State v. Martinez, 348 P.3d 1022 (N.M. Ct. App. 2015) (appellate review may consider body-camera/video evidence as documentary evidence)