State v. Brown

2010 NMCA 079, 242 P.3d 455, 148 N.M. 888
CourtNew Mexico Court of Appeals
DecidedJune 25, 2010
Docket28,371; 32,467
StatusPublished
Cited by4 cases

This text of 2010 NMCA 079 (State v. Brown) 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
State v. Brown, 2010 NMCA 079, 242 P.3d 455, 148 N.M. 888 (N.M. Ct. App. 2010).

Opinion

OPINION

FRY, Chief Judge.

{1} Defendant Clarence Brown appeals his convictions for the manufacture of methamphetamine, conspiracy to manufacture methamphetamine, and possession of a stolen vehicle, arguing that there was insufficient evidence to support his convictions and that the district court erroneously admitted evidence obtained during a warrantless search of his home. For the following reasons, we affirm Defendant’s convictions. We also conclude that exigent circumstances justified the warrantless search of Defendant’s home.

{2} The State filed a motion asking that our opinion in this case be made formal. We hereby grant the motion. The opinion filed on June 8, 2010, is hereby withdrawn, and this opinion is filed in its place.

BACKGROUND

{3} On May 11, 2006, Deputy Erwin Young of the Torrance County Sheriffs Department was dispatched to a home in McIntosh, New Mexico, in reference to a possible structure fire. Upon arriving at the address, Deputy Young saw the remains of a trash fire that had just been extinguished by the fire department as well as a fire-damaged white utility trailer. Deputy Young noticed that there were a number of gallon-sized bottles of acetone and Heat, a carburetor cleaner, in the burnt trash pile. The deputy also noticed a truck, partially covered with a tarp, that had numerous parts removed. A YIN check on the vehicle indicated that the truck had been stolen.

{4} Deputy Young encountered a woman on the property, April Green, who stated that she was a friend of the homeowner, Rhonda, that she had thrown a cigarette on the trash pile, and that it had burst into flames. Following the discovery of the stolen vehicle, Deputy Young called for backup. Sergeant Heath White responded and, when he arrived at the house, he “kept smelling a strong odor of ... chemicals coming from the house” that was “consistent with meth labs that [he] previously had been involved with.” The smell was so strong that Sergeant White asked Deputy Young to move his vehicle away from the house. Sergeant White also spoke to Green, who was not forthcoming about what she was doing there or whether she lived on the property.

{5} The officers then began to check the property for people and observed a man, who was later identified as Charles Garcia, hiding in a travel trailer and holding a dog’s mouth shut so that it would not bark. After securing Garcia, Sergeant White noted that “[t]he danger” was “building up at that point” due to the chemicals that had recently been burned, Green’s unwillingness to talk about what was happening, and the fact that Garcia was hiding in the travel trailer. After securing the travel trailer, the officers approached the residence on the property and heard someone inside walking. When Sergeant White knocked on the residence, he heard someone running to the other end of the house. After about fifteen minutes of commanding the occupant or occupants to exit the house, Sergeant White found that the back door was unlocked and entered the home. The officers immediately encountered Genevieve Fay, who stated that she was there to clean the house. Sergeant White testified that when he asked Fay who else was inside the house, she said that she did not know because she had only been there a few minutes. Sergeant White continued to check the house for other occupants and discovered that there was a padlock on a door in the kitchen area. The officers also noticed that the chemical odor was especially strong near the door and that it appeared to be emanating from the room behind the locked door. Because the officers had “heard numerous footsteps as [they] were walking around the house” and were not “sure if someone was inside that door itself,” Sergeant White broke the padlock and entered the room. Sergeant White stated that he could not have withdrawn from the house without opening the padlocked door due to the risk that there was someone in the room who could have shot at the deputies, destroyed evidence, or otherwise turned the scene into a deadly situation.

{6} When Sergeant White broke the lock, he encountered a strong chemical smell that pushed him back from the bedroom for a minute. The smell also made one of his deputies so dizzy that he had to pull back. After he checked the room and determined that no one was inside, Sergeant White left the house because he was only “in there for a protective sweep, which was [to] make sure [there were] no kids, ... no other adults, no dangers to deputies on the outside.” Based on what he had observed in the room and the strong chemical smell, Sergeant White determined that the officers required protective equipment to re-enter the home and called in a meth lab expert, Chief Deputy Encinias.

{7} When Chief Deputy Encinias first arrived, she put on protective gear and entered the house to determine if everything was safe and if there was any danger of a fire or explosion. After determining that the chemicals did not pose an immediate danger, Chief Deputy Encinias left the house and obtained a search warrant. Chief Deputy Encinias then returned to the house and began to bring out the chemicals and equipment. Most of the chemicals were in the bathroom of the master bedroom. Chief Deputy Encinias also found a number of containers in the white cargo trailer behind the house. Chief Deputy Encinias stated that there were some bi-layer liquids in the home, which indicated that the meth “cook” had already taken place.

{8} At the time of the fire and the subsequent search, Defendant was not at the house. However, Deputy Young discovered a large amount of mail with Defendant’s name on it in the locked room that contained the majority of the meth lab equipment, and the individuals arrested at the scene identified Defendant as the owner of the home. As a result, Defendant was charged with manufacturing methamphetamine and conspiracy to manufacture methamphetamine.

{9} At trial, in addition to the testimony of the police officers involved, the individuals found at the scene testified against Defendant. Green testified that the day before the fire, she and Charles Garcia had moved their camper onto the property behind the double-wide mobile home where Defendant and Rhonda lived. She stated that she had seen Defendant at the home the morning of the fire. She testified that Defendant “was very secretive” and “stayed in his room most of the time.” Green admitted that she used methamphetamine, and she believed that her boyfriend got their meth from Defendant. Green also stated that she had gone to Walgreens with Defendant on May 10 to purchase pseudoephedrine.

{10} Garcia testified that he and Green were in the process of moving to Albuquerque, but that they were staying at Defendant’s house prior to the move. Garcia stated that on the day of the fire, he was burning some trash and the fire got out of control. Garcia testified that he was burning “acetone cans and stuff like that” that he and Defendant used for “manufacturing drugs.” Garcia also testified that he had helped Defendant buy Sudafed from which they would extract ephedrine for use in the methamphetamine. Garcia stated that on the day before the fire, he and Green had gone to Albuquerque with Defendant to purchase Sudafed. Finally, Garcia stated that he got his meth from Defendant and that he had gotten approximately half a gram from Defendant on May 11.

{11} Defendant called four witnesses in his defense.

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Bluebook (online)
2010 NMCA 079, 242 P.3d 455, 148 N.M. 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brown-nmctapp-2010.