State v. Benally

2015 NMCA 053, 7 N.M. 732
New Mexico Court of Appeals·Decided May 11, 2015·No. No. 35,145; Docket No. 31,972·Published·Cited by 5 cases

Opinion

OPINION

BUSTAMANTE, Judge.

The State appeals the district court’s dismissal of a forfeiture action on the ground that the State failed to file a complaint within the period designated by statute. The State makes several policy-based arguments in support of its position that the thirty-day period specified in the Forfeiture Act should begin on the date the property subject to forfeiture was discovered rather than on the date the State took custody of the property. We conclude that the State’s position is contrary to the plain language of the statute and thus do not reach the State’s policy arguments. We affirm.

BACKGROUND

The essential facts are simple and undisputed. On June 23, 2011, officers stopped Norman Benally (Defendant) for driving with a headlight out. In the course of the stop, the officers impounded the vehicle. The vehicle was held in the Gallup impound lot where it was secured.

Five days later, on June 28, 2011, a search warrant for the vehicle was issued and officers searched the vehicle the next day, June 29, 2011. The search uncovered $1295, among other items. On July 27, 2011, thirty-four days after the vehicle was impounded, the State filed a complaint for forfeiture of the money.

The district court granted Defendant’s motion for dismissal of the forfeiture complaint on the ground that it was not timely filed under NMSA 1978, Section 3 l-27-5(A) (2002) of the Forfeiture Act, which states that “[wjithin thirty days of making a seizure, the state shall file a complaint of forfeiture or return the property to the person from whom it was seized.” The State appealed.

DISCUSSION

The issue presented is whether the statutory thirty-day period was triggered on the date the State took possession of the vehicle and its contents or on the date the State executed the search warrant and discovered the money. We address this statutory construction question as one of first impression. Our review is de novo. State v. Herrera, 2001-NMCA-007, ¶ 6, 130 N.M. 85, 18 P.3d 326.

The goal of statutory construction is to give effect to the Legislature’s intent. Albuquerque Bernalillo Cnty. Water Util. Auth. v. N.M. Pub. Regulation Comm’n, 2010-NMSC-013, ¶ 52, 148 N.M. 21, 229 P.3d 494. “[Ojur first step is to look at the language used by the Legislature and the plain meaning of that language.” Martinez v. Cornejo, 2009-NMCA-011, ¶ 11, 146 N.M. 223, 208 P.3d 443; see NMSA 1978, § 12-2A-19 (1997) (“The text of a statute or rule is the primary, essential source of its meaning.”). “Statutory language that is clear and unambiguous must be given effect [and ojnly if an ambiguity exists will we proceed further in our statutory construction analysis.” Albuquerque Bernalillo Cnty. Water Util. Auth., 2010-NMSC-013, ¶ 52 (internal quotation marks and citations omitted).

Under this “plain meaning rule” we are guided by the “ordinary meaning” of the words chosen by the Legislature. Herrera, 2001-NMCA-007, ¶ 6; see Martinez, 2009-NMCA-011, ¶ 11 (“[A] statute should be read according to its natural and most obvious import of language without resorting to subtle and forced constructions for the purpose of either limiting or extending its operation.” (internal quotation marks and citation omitted). Similarly, “[w]e will not read language into the statute that is not there, especially when the statute makes sense as written.” State v. Brennan, 1998-NMCA-176, ¶ 5, 126 N.M. 389, 970 P.2d 161. Finally, “[fjorfeitures are not favored at law and statutes are to be construed strictly against forfeiture.” State v. Ozarek, 1978-NMSC-001, ¶ 4, 91 N.M. 275, 573 P.2d 209.

Applying these principles, we conclude that the language of Section 31-27-5(A) clearly and unambiguously indicates that the Legislature intended forfeiture complaints to be filed within thirty days of the date the State took possession of the subject property. We begin with the definition of the word “seizure.” Black’s Law Dictionary defines “seizure” as “[t]he act or an instance of taking possession of a person or property by legal right or process[.]” Black's Law Dictionary 1564 (10th ed. 2010). Similarly, Merriam-Webster Dictionary states that “seizure” is “the taking possession of person or property by legal process.” Merriam-Webster Dictionary, http://www.merriamwebster.com/dictionary/seizure (last visited on Dec. 11, 2014). This definition is not only a legal term of art but also has a common meaning and understanding that is applied by the public. Garner’s Dictionary of Legal Usage describes the term as “a nontechnical lay word meaning ... to take possession of (a thing) by legal right.” Bryan A. Garner, Garner's Dictionary of Legal Usage, 803 (3d ed. 2011) (internal quotation marks omitted). Even Wiktionary1 defines “seizure” as “[t]he act of taking possession, as by force or right of law. ” http ://en. wiktionary. org/wiki/seizure (last visited Dec. 11, 2014).2

This definition of “seizure” is reflected in case law. The U.S. Supreme Court explained that “[a] ‘seizure’ of property occurs when there is some meaningful interference with an individual’s possessory interests in that property.” Soldal v. Cook Cnty., Ill., 506 U.S. 56, 61 (1992) (internal quotation marks and citation omitted). Similarly, in State v. Sanchez, this Court noted that the seizure clauses of the Fourth Amendment of the U.S. Constitution and Article II, Section 10 of the New Mexico Constitution “protect[] notions of possession, at least insofar as [they] appl[y] to objects.” 2005-NMCA-081, ¶ 17, 137 N.M. 759, 114 P.3d 1075. In State v. Ketelson, the New Mexico Supreme Court considered the reasonableness of an officer’s actions where the officer removed the defendant’s gun from his vehicle. 2011-NMSC-023, ¶ 19, 150 N.M. 137, 257 P.3d 957. The Court’s -analysis rested on its recognition that “even a temporary moving of the firearm constituted, to some degree, an interference with [the d]efendant’s possessory interest.” Id. ¶ 23. It recognized that the officer’s possession of the gun, however temporary, “may technically be called [a] ‘seizure[],’ ” id. ¶ 26, although ultimately the Court determined that the officer’s actions were reasonable given the public' and officer safety concerns present in that case. Id. ¶ 27; cf. State v. Bomboy, 2008-NMSC-029, ¶ 10, 144 N.M. 151, 184 P.3d 1045 (concluding that an officer’s taking of methamphetamine from the defendant’s car did not infringe on the defendant’s possessory interest because the defendant did not have a lawful right to possess methamphetamine). Because it “meaningful[ly] interfere^] with an individual’s possessory interests,” impoundment of a vehicle is a seizure of the vehicle. Soldal, 506 U.S. at 61, 63; see State v. Reynoso, 702 P.2d 1222, 1224 (Wash. Ct. App. 1985) (“An impoundment, because it involves the governmental taking of a vehicle into exclusive custody, is a ‘seizure’ in the literal sense of that term.”). By the same logic, the contents of the vehicle were also seized by virtue of being in the impounded car.

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State v. Benally, 2015 NMCA 053, 7 N.M. 732 (N.M. Ct. App. 2015).

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