City of Roswell v. Smith

2006 NMCA 040, 133 P.3d 271, 139 N.M. 381
CourtNew Mexico Court of Appeals
DecidedFebruary 20, 2006
Docket24,272
StatusPublished
Cited by26 cases

This text of 2006 NMCA 040 (City of Roswell v. Smith) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Roswell v. Smith, 2006 NMCA 040, 133 P.3d 271, 139 N.M. 381 (N.M. Ct. App. 2006).

Opinion

OPINION

WECHSLER, Judge.

{1} Defendant Henry M. Smith appeals his conviction of one count of obstructing an officer in violation of Roswell, N.M., Code § 10-48 (1984). Defendant argues that his conviction should be reversed because there was insufficient evidence that his conduct met the definition of obstructing and because police officers violated his Fourth Amendment rights in arresting him on private property in the absence of the commission of a crime. In addition, we address whether Defendant’s conviction should be reversed for lack of jurisdiction because the city attorney who prosecuted him in district court did not have authorization from the district attorney. We conclude that the evidence was sufficient to convict Defendant of obstructing and that his Fourth Amendment rights were not violated. We further conclude that city attorneys have authority to prosecute cases in district court for violations of municipal ordinances without district attorney authorization. Defendant’s conviction is affirmed.

FACTUAL AND PROCEDURAL HISTORY

{2} Defendant was arrested for obstructing an officer after he failed to comply with repeated instructions of several City of Roswell police officers to leave the parking lot of a Roswell Denny’s restaurant. The uncontroverted testimony at trial indicates that Defendant was engaged in a loud argument with one or more other persons in the parking lot when the police officers arrived. The officers apparently determined that no crimes had been committed and ordered everyone in the parking lot to go them separate ways. Testimony of one officer indicated that all parties to the dispute other than Defendant did leave the parking lot, but two other officers testified that the other parties could not leave because Defendant’s van was blocking their exit. It is undisputed that Defendant refused to leave the parking lot and was arrested instead.

{3} Defendant was prosecuted by his arresting officer in municipal court, a practice allowed by Rule 8-111 NMRA. He was convicted and appealed to district court. In district court, the city was represented by an assistant city attorney. Defendant moved for dismissal of the charge on the ground that city attorneys have no authority to prosecute criminal matters in district court. Although the basis for its ruling is unclear, the district court denied that motion, apparently because it believed the case to be civil on appeal. Immediately before and after the trial, Defendant argued that the case should be dismissed because he had been arrested on private property without a warrant in violation of the Fourth Amendment. The district court upheld Defendant’s conviction and remanded the matter to the municipal court for execution of Defendant’s sentence.

SUFFICIENCY OF THE EVIDENCE

{4} To determine whether there is sufficient evidence to support a criminal conviction, “[w]e ask whether ‘any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’” State v. Barber, 2004-NMSC-019, ¶ 33, 135 N.M. 621, 92 P.3d 633 (quoting State v. Cunningham, 2000-NMSC-009, ¶26, 128 N.M. 711, 998 P.2d 176). “Such review involves a two-step process, consisting of ‘deference to the resolution of factual conflicts and inferences dei-ived therefrom, and a legal determination of whether the evidence viewed in this manner could support the conviction.’ ” State v. Nieto, 2000-NMSC-031, ¶27, 129 N.M. 688, 12 P.3d 442 (quoting State v. Orgain, 115 N.M. 123, 126, 847 P.2d 1377, 1380 (Ct.App.1993)).

{5} Section 10-48(a)(2) prohibits obstructing an officer, which it defines as “[rjesisting, obstructing or abusing any ... peace officer in the lawful discharge of his duties.” The district court found that Defendant had been “instructed ... on several occasions to leave the parking lot” and that he had “refused.” Three police officers testified to these facts, and Defendant does not challenge them. We defer to the district court’s findings of fact since they are supported by the evidence. See Nieto, 2000-NMSC-031, ¶ 27, 129 N.M. 688,12 P.3d 442.

{6} Defendant argues that there was insufficient evidence to convict him of obstruction because the police officers could not lawfully ask him to leave. It is true that he could not be guilty of obstruction if police officers were not “in the lawful discharge of [their] duties” when they ordered him to leave the parking lot. Section 10-48(a)(2). However, municipal police officers have a duty to “suppress all riots, disturbances and breaches of the peace.” NMSA 1978, § 3-13-2(A)(4)(a) (1988). Police officers may intervene when they have “reasonable grounds ... to believe in good faith that intervention [is] necessary to prevent further disturbance or physical violence.” State v. Hilliard, 107 N.M. 506, 508, 760 P.2d 799, 801 (Ct.App. 1988); see also State v. Prince, 1999-NMCA-010, ¶ 12, 126 N.M. 547, 972 P.2d 859 (“The power and duty of a law enforcement officer to suppress breaches of the peace includes the right to take any reasonable steps to prevent such breaches from occurring when the officer has good reason to believe that a disturbance may occur.”).

{7} In Hilliard, we affirmed the defendant’s conviction of battery on a police officer because the officers were acting lawfully to prevent a breach of the peace. Hilliard, 107 N.M. at 508-09, 760 P.2d at 801-02. In that case, police officers were investigating a report of a domestic disturbance. Id. at 507, 760 P.2d at 800. When the officers arrived, the defendant was not present, but he returned shortly. Id. Recognizing him as one of the parties to the disturbance, the officers refused him entry into the house. Id. at 507-08, 760 P.2d at 800-01. The defendant tried to push past the officers, hitting one officer in the face, and was arrested. Id. We held that the officers were acting reasonably and that there was sufficient evidence to support the conviction. Id. at 508, 760 P.2d at 801.

{8} We can see no reason to distinguish this case from Hilliard. Defendant was lawfully instructed to leave the parking lot to prevent a breach of the peace. Because Defendant was yelling loudly when the police officers arrived, they certainly had reason to believe a breach of the peace was imminent, if not already transpiring. Asking Defendant to forego a meal at Denny’s was certainly less intrusive than asking the defendant in Hilliard to refrain from entering the house. See id. at 507-08, 760 P.2d at 800-01. The police order was therefore reasonable and lawful. Because Defendant had no right to refuse to follow the order, there is sufficient evidence that he was in violation of Section 10-48.

LEGALITY OF ARREST

{9} Defendant argues that police officers could not lawfully arrest him on private property without a warrant, consent of the property owner, or the commission of a crime. However, Defendant has not moved to suppress any evidence that he contends is the fruit on any alleged unlawful arrest, see State v. Jutte, 1998-NMCA-150, ¶22, 126 N.M.

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Bluebook (online)
2006 NMCA 040, 133 P.3d 271, 139 N.M. 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-roswell-v-smith-nmctapp-2006.