In re Jeff M.

1999 NMCA 045, 977 P.2d 352, 127 N.M. 87
CourtNew Mexico Court of Appeals
DecidedJanuary 28, 1999
DocketNo. 19223
StatusPublished
Cited by4 cases

This text of 1999 NMCA 045 (In re Jeff M.) 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
In re Jeff M., 1999 NMCA 045, 977 P.2d 352, 127 N.M. 87 (N.M. Ct. App. 1999).

Opinion

OPINION

DONNELLY, Judge.

{1} The State appeals from an order granting the Child’s motion to suppress evidence seized by officers after the Child was taken into custody for speeding, being a minor in possession of alcohol, and operating a motor vehicle while his driver’s license was suspended or revoked. The dispositive issue presented on appeal is whether the children’s court erred in suppressing evidence of an alleged controlled substance discovered by law enforcement officers during an inventory search of the motor vehicle driven by the Child. For the reasons discussed herein, the cause is reversed and remanded for further proceedings.

FACTS

{2} The Child, Jeff M., was stopped by Sergeant Orlando Sanchez, a county sheriffs deputy in Rio Arriba County, New Mexico, on July 8, 1997, for allegedly driving eighty miles per hour on a portion of the highway with a maximum speed limit of sixty miles per hour. After the traffic stop, the deputy discovered that the Child was driving with a suspended or revoked driver’s license and was a minor in possession of alcohol.

{3} Deputy Sanchez called for backup and Deputies Rudy Salazar and Richard Guillen responded to his call. Following the arrival of the additional officers, because the Child had been taken into custody and the pickup truck driven by him was about to be impounded, an inventory search of the vehicle was carried out by Deputies Salazar and Guillen. In the bed of the pickup, the officers found three cans of beer in an open cooler. During the inventory search, Deputy Salazar also found an ashtray that had been removed from its compartment and placed on the floor behind the passenger seat of the pickup truck. Inside the ashtray, in plain sight, was a piece of crumpled newspaper. The deputy opened the newspaper and found inside it what appeared to be marijuana.

{4} Following the filing of charges against the Child, the Child admitted speeding, being a minor in possession of alcohol, and operating a motor vehicle while his driver’s license was suspended or revoked. The Child, however, denied possessing marijuana and filed a motion to suppress the evidence.

{5} The Child’s motion to suppress stated that after he was stopped for speeding by a deputy sheriff, the officer “requested permission from the [Child] to search the vehicle which he had been driving [and][t]he [Child] granted the deputy permission to search the vehicle.” The motion also stated that after the deputy .completed his search, two other deputies arrived at the scene and, at this point, the Child had been arrested and placed in the back seat of the patrol car. Additionally, the motion set forth that one of the deputy sheriffs then commenced a search of the Child’s vehicle and “suspected marijuana was discovered under the seat of the vehicle.”

{6} At the hearing on the motion to suppress, the State presented the testimony of Deputy Sanchez, who made the original stop of the Child for speeding, and the testimony of Deputies Guillen and Salazar, who arrived on the scene shortly after the stop.

{7} Sergeant Sanchez testified that he stopped the Child for speeding. After the stop, he found that the Child was driving on a suspended or revoked license, that the Child admitted he had been drinking, and that he had three cans of beer in his possession. Sanchez stated that he took the Child into custody and requested that the other deputies conduct an inventory search because the vehicle was going to be towed.

{8} Sergeant Sanchez stated that he did not conduct the inventory search of the Child’s truck, but this was done by the other two deputies. He stated that an inventory sheet was filled out by Deputy Salazar, and that the search was done in accordance with standard operating procedures usually followed once the operator of a vehicle has been arrested. Sanchez stated that the purpose of conducting the inventory was to protect the Child’s property and to protect from any claims against the officers.

{9} Deputies Guillen and Sanchez also testified at the hearing on the motion to suppress. Guillen stated that the inventory search was conducted in accordance with “standard practice” and that he and Deputy Salazar used an inventory sheet provided by the sheriffs office. He stated that the normal procedure was to check off any items of value. Deputy Salazar testified that while he was assisting in the inventory of the Child’s truck, he saw an ashtray behind the passenger seat with a rolled-up newspaper in it. He opened the paper and found what he thought was marijuana. After this discovery, he informed the other officers. He stated that the ashtray was in plain sight.1 After the completion of the inventory, several acquaintances of the Child happened to drive by and stopped at the scene. They inquired if they could drive the Child’s vehicle to the Child’s home, rather than having it towed. Both the Child and the deputies agreed to this arrangement.

{10} At the conclusion of the hearing on the motion to suppress, the children’s court granted the Child’s motion.

DISCUSSION

{11} The order suppressing evidence entered by the children’s court found in applicable part:

1. An inventory search of the [Child’s] vehicle was conducted by law enforcement officers on July 8, 1997. There was no warrant.
2. During the search a law enforcement officer discovered a piece of newspaper in an ashtray. The officer then opened the piece of newspaper, suspecting that it contained marijuana. Suspected marijuana was found inside the newspaper.

{12} Based on its findings, the children’s court concluded that “[i]t was lawful for the law enforcement officers to conduct an inventory search of the [Child’s] vehicle.” The court further concluded that “[t]he search was proceeding lawfully up to the point at which the law enforcement officer opened the piece of newspaper.” The court found, however, that “[o]pening the piece of newspaper because the law enforcement officer believed that marijuana would be inside, as opposed to an object of value, exceeded the lawful bounds of an inventory search.”

{13} The State argues on appeal that the children’s court erroneously premised its ruling based upon the subjective state of mind of the deputy when he looked into the newspaper. In reviewing an order suppressing evidence, an appellate court determines whether the law was correctly applied to the facts, generally viewing the facts in the light most favorable to the successful party below. See State v. Walker, 1998-NMCA-117, ¶ 7, 125 N.M. 603, 964 P.2d 164.

{14} The constitutionally permissible purposes of an inventory search are to protect the owner’s property, to protect the police from claims of loss or liability, and to guard the police from danger. See South Dakota v. Opperman, 428 U.S. 364, 369, 96 S.Ct. 3092, 49 L.Ed.2d 1000 (1976); State v. Ruffino, 94 N.M. 500, 502, 612 P.2d 1311, 1313 (1980); see also State v. Johnson, 1996—NMCA-117, ¶ 15, 122 N.M. 713, 930 P.2d 1165. In State v. Boswell, 111 N.M.

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Cite This Page — Counsel Stack

Bluebook (online)
1999 NMCA 045, 977 P.2d 352, 127 N.M. 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jeff-m-nmctapp-1999.