State v. CordovaState v. Cordova
FRY, Judge.
{1} Defendant appeals his convictions for causing great bodily injury by vehicle, aggravated driving while under the influence (DWI), knowingly leaving the scene of an accident, and homicide by vehicle. Defendant raises a number of arguments. However, the pertinent issue for this appeal is whether the district court erred in determining that the emergency assistance doctrine justified the warrantless entry by two Rio Arriba County sheriff‘s deputies into Defendant‘s residence. Because we conclude that the deputies did not have reasonable grounds to believe that a genuine emergency existed requiring their immediate aid, we hold that the district court erred in denying Defendant‘s motion to suppress.
BACKGROUND
{2} The facts underlying Defendant‘s convictions are as follows. A group of motorcyclists returning from a motorcycle rally in Red River, New Mexico, were traveling on State Road 76 near Chimayo, New Mexico. Defendant, driving a truck in the opposite direction, crossed the center lane and struck the motorcyclists. Several of the motorcyclists were injured in the collision, and one, the lead motorcyclist, was killed. Following the collision, Defendant drove a short distance before he and two passengers abandoned the vehicle.
{3} Deputy Paula Archuleta was one of the first deputies to respond to the scene. A witness informed Deputy Archuleta that the abandoned truck was farther up the road and that three individuals were seen running from the scene in the vicinity of the Rio Chiquito. While a fellow deputy stayed with the victims, Deputy Archuleta began investigating the abandoned truck. She noted damage on the front passenger side and a cracked windshield on the driver side. After running the license plate, Deputy Archuleta was informed that the truck belonged to Defendant. Deputy Archuleta called Deputy Isaac Martinez, who was off-duty but lived nearby, and asked for his assistance in searching for the suspects. The deputies first began searching the area surrounding the Rio Chiquito. After being told by a volunteer firefighter where Defendant lived, the deputies proceeded to Defendant‘s residence.
{4} The deputies’ testimony at the preliminary hearing varied slightly on the events that followed once they reached Defendant‘s residence. Deputy Archuleta testified that the door to the house was ajar and that she heard some type of “background noise” in the home. She testified that she knocked and announced the deputies’ presence and, upon getting no response, entered the home. Deputy Martinez, however, testified that they did not knock or hear “background noises.” He testified that the deputies announced their presence and walked into the home. Both deputies testified that they entered the home with guns drawn.
{5} The deputies located Defendant in his bedroom lying on the bed. The deputies asked if he was Juan Cordova. When Defendant responded that he was, the deputies ordered him to put his hands up. They then told Defendant he was the suspected driver, escorted Defendant out of the house, and told him that he was being detained for questioning. The deputies testified that Defendant had a cut on his forehead, although a physician who treated Defendant later testified that he did not recall such an injury. When deputies asked if he was okay, Defendant responded that his truck had been stolen and that he was not involved in the accident. Once the deputies removed Defendant from the home, he was placed in handcuffs and searched. A set of car keys was found in his front pocket. Defendant was taken to the sheriff‘s department and charged in relation to the death and injuries of the motorcyclists. A chemical test would later show Defendant‘s blood alcohol content to be 0.14.
{6} Before trial, Defendant filed a motion to suppress, arguing that the deputies’ entry into his home was in violation of the
DISCUSSION
Standard of Review
{7} We review a district court‘s decision regarding a motion to suppress evidence as a mixed question of fact and law. State v. Vandenburg, 2003-NMSC-030, ¶ 17, 134 N.M. 566, 81 P.3d 19. “We view the facts in the light most favorable to the prevailing party and defer to the district court‘s findings of historical facts and witness credibility when supported by substantial evidence.” Ryon, 2005-NMSC-005, ¶ 11. “The legality of a search, however, ultimately turns on the question of reasonableness.” Id. Reasonableness is determined de novo. Id.
Emergency Assistance Doctrine
{8} Defendant challenges the district court‘s ruling that the deputies’ entry into Defendant‘s home was justified under the emergency assistance doctrine. While “[w]arrantless searches and seizures inside a home are presumptively unreasonable,”
{9} Defendant‘s argument largely focuses on the first element. Defendant argues that the deputies did not have sufficient information to reasonably believe that he was in need of immediate aid. Defendant also argues, under the second element of the Mitchell test, that without such reasonable belief, the deputies’ actions were primarily
{10} As recognized in Ryon, because of the strong privacy interest in the home, the first element requires a genuine emergency. 2005-NMSC-005, ¶ 26. This means “a strong perception that action is required to protect against imminent danger to life or limb” and circumstances so “sufficiently compelling [as] to make a warrantless entry into the home objectively reasonable[.]” Id. ¶ 31. Reasonableness is “tested objectively under the totality of the circumstances.” Id. ¶ 30. Useful factors for this determination are the “purpose and nature of the dispatch, the exigency of the situation based on the known facts, and the availability, feasibility and effectiveness of alternatives to the type of intrusion actually accomplished.” Id. ¶ 32 (internal quotationmarks and citation omitted). Furthermore, generalized testimony regarding a possible or potential emergency is insufficient to carry the state‘s burden on this element. Instead, “officers must have credible and specific information that a victim is very likely to be located at a particular place and in need of immediate aid to avoid great bodily harm or death.” Id. ¶ 42.
{11} We agree with Defendant that the State failed to establish that there were reasonable grounds for the deputies to believe that an emergency necessitated their
{12} Even assuming the deputies knew that Defendant was the driver, they had no specific information that he was seriously injured and in need of immediate aid. See id. (stating that the officers’ information was insufficient where they “did not know the nature or extent of the injury” or even “whether he was injured). There were no obvious indications in the cab of the truck,such as blood or impacts to the windshield coming from inside, that any of the vehicle‘s occupants were injured. See City of Fargo v. Ternes, 522 N.W.2d 176, 177-78 (N.D. 1994) (holding that one circumstance justifying the officers’ reasonable belief that a driver in an accident suffered sufficiently serious injuries wasthe presence of “blood on the seat and blood mingled with glass on the dashboard and steering wheel“). More importantly, none of the witnesses who saw the individuals fleeing the truck told deputies that they appeared injured. See State v. Geisler, 576 A.2d 1283, 1289 (Conn. App. Ct. 1990), vacated on other grounds, 498 U.S. 1019 (1991) (stating that the lack of indication
{13} Finally, no circumstances at Defendant‘s home indicated a genuine emergency. No signs of injury, such as blood, were noted on the property. See People v. Copenhaver, 21 P.3d 413, 416 (Colo. App. 2000) (affirming the officer‘s warrantless entry where the officer noted blood inside the vehicle involved in the crash and a trail of blood leading from the outside of the defendant‘s apartment through the residence). No sounds from inside the house alerted the deputies that Defendant was in need of immediate aid. DiGeronimo, 652 N.E.2d at 155 (noting that sounds of moaning or distress may be indicative of an emergency inside the residence). And, while in some cases an occupant‘s failure to respond to repeated knocking can
{14} Although the State failed to establish that the objective circumstances necessitated a warrantless entry, we are similarly unconvinced that the deputies’ testimony was sufficient to establish that a genuine emergency necessitated their entry. Both deputies testified that the reason they entered the home was because they were “concerned” for Defendant‘s safety. Deputy Martinez acknowledged that they did not know what Defendant‘s injuries were, if any. Consistent with the deputies’ lack of specific information, Deputy Martinez characterized the entry as a “welfare check.” However, this testimony does not establish the requisite circumstances needed to demonstrate a legitimate emergency requiring immediate police assistance.
Sufficiency of the Evidence
{15} Defendant challenges the sufficiency of the evidence supporting his conviction
{16} “When reviewing a challenge to the sufficiency of the evidence, we must determine whether substantial evidence of either a direct or circumstantial nature exists to support a verdict of guilt beyond a reasonable doubt with respect to every element essential to a conviction.” See State v. Templeton, 2007-NMCA-108, ¶ 28, 142 N.M. 369, 165 P.3d 1145 (internal quotation marks and citation omitted). “A reviewing court must view the evidence in the light most favorable to the state, resolving all conflicts therein and indulging all permissible inferences therefrom in favor of the verdict.” State v. Sutphin, 1988-NMSC-031, ¶ 21, 107 N.M. 126, 753 P.2d 1314.
{17} In order to convict Defendant of causing great bodily injury by vehicle, the State was required to prove beyond a reasonable doubt that (1) “[t]he defendant operated a motor vehicle while under the influence of intoxicating liquor, or while
{18} Woodall testified at trial that she experienced severe bruising, road rash, and bruised ribs as a result of the collision. The bruising and road rash covered her right side. She testified that she was unable to work for approximately a month. In addition, for approximately the first two weeks,she waslargely unable to move because of the extreme pain from her bruised ribs. She testified that at certain times she still experiences pain resulting from her bruised ribs.
{19} Viewing the evidence in the light most favorable to the verdict, the jury could determine that Woodall suffered great bodily injury. “Prolonged impairment” is not a technical term. Cf. State v. Jim, 1988-NMCA-092, ¶ 20, 107 N.M. 779, 765 P.2d 195 (construing similar term, “protracted impairment“). “Prolonged impairment,” like “protracted impairment,” means a “lengthy or unusually long time under the
CONCLUSION
{20} For the foregoing reasons, we reverse the district court‘s denial of Defendant‘s motion to suppress and remand for proceedings consistent with this opinion.
{21} IT IS SO ORDERED.
CYNTHIA A. FRY, Judge
WE CONCUR:
JAMES J. WECHSLER, Judge
RODERICK KENNEDY, Judge