State v. Chavez

CourtNew Mexico Supreme Court
DecidedJune 26, 2025
StatusUnpublished

This text of State v. Chavez (State v. Chavez) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Chavez, (N.M. 2025).

Opinion

The slip opinion is the first version of an opinion released by the Chief Clerk of the Supreme Court. Once an opinion is selected for publication by the Court, it is assigned a vendor-neutral citation by the Chief Clerk for compliance with Rule 23- 112 NMRA, authenticated and formally published. The slip opinion may contain deviations from the formal authenticated opinion.

1 IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

2 Opinion Number:

3 Filing Date: June 26, 2025

4 NO. S-1-SC-40017

5 STATE OF NEW MEXICO, 6 Plaintiff-Respondent, 7 v.

8 GERALD CHAVEZ, 9 Defendant-Petitioner.

10 ORIGINAL PROCEEDING ON CERTIORARI 11 Cindy Leos, District Judge

12 Bennett J. Baur, Chief Public Defender 13 Kimberly Chavez Cook, Appellate Defender 14 MJ Edge, Assistant Appellate Defender 15 Santa Fe, NM

16 for Petitioner

17 Raúl Torrez, Attorney General 18 Meryl E. Francolini, Assistant Solicitor General 19 Santa Fe, NM

20 for Respondent 1 OPINION

2 VIGIL, Justice.

3 I. INTRODUCTION

4 {1} The Rules of Criminal Procedure authorize our district courts, magistrate

5 courts, and metropolitan courts to issue warrants permitting the search and seizure

6 of criminal evidence. Rule 5-211(A) NMRA (district courts); Rule 6-208(A) NMRA

7 (magistrate courts); Rule 7-208(A) NMRA (metropolitan courts). Here, we address

8 a question arising from this concurrent grant of authority: May a magistrate or

9 metropolitan court issue a search warrant after a criminal prosecution has formally

10 commenced in the district court? We answer: Yes, an inferior court may issue a

11 search warrant after the initiation of criminal proceedings in the district court, but

12 the district court has the authority to quash the warrant pursuant to its inherent power

13 to ensure the orderly and efficient administration of the case.

14 {2} In the current matter, the Bernalillo County Metropolitan Court (metro court)

15 issued two substantively identical search warrants in the same case after Defendant

16 Gerald Chavez had been indicted in the Second Judicial District Court, Bernalillo

17 County. Defendant argued that the warrants were invalid because the metro court

18 does not share concurrent jurisdiction once the proceeding is initiated in district

19 court. Defendant also argued that the affidavits supporting the warrants were 1 deceptive because they failed to disclose the pending criminal proceedings to the

2 metro court. The district court agreed, quashed the warrants, and suppressed the

3 evidence without prejudice to the State in seeking the same evidence through a

4 motion. The Court of Appeals reversed the district court’s order, concluding that an

5 inferior court has the authority to issue a post-indictment search warrant and that the

6 omissions in the affidavits did not invalidate the warrants. State v. Chavez, 2023-

7 NMCA-071, ¶¶ 1, 48, 535 P.3d 736, cert. granted (S-1-SC-40017, Sept. 14, 2023).

8 {3} We conclude that the metro court had the authority to issue the search warrants

9 after Defendant had been indicted. The commencement of formal criminal

10 proceedings against a defendant does not divest our inferior courts of their authority

11 to issue a search warrant under Rule 6-208 or Rule 7-208. Nevertheless, we also

12 conclude that under the circumstances the two warrants were properly quashed by

13 the district court using its inherent power to control its docket and the proceedings

14 before it. See State v. Candelaria, 2008-NMCA-120, ¶ 14, 144 N.M. 797, 192 P.3d

15 792 (explaining that “[i]nherent judicial power” includes “the ability of a court to

16 control its docket and the proceedings before it” including “the power to supervise

17 and control the movement of all cases” (internal quotation marks and citations

18 omitted)). We, therefore, reverse the Court of Appeals, affirm the district court, and

19 remand this matter to the district court. We additionally ask our rules committees to 1 consider revisions to Rule 5-211, Rule 6-208, and Rule 7-208, and the search warrant

2 affidavit Form 9-213 NMRA in light of our opinion.

3 II. BACKGROUND

4 {4} Defendant was indicted in the district court on February 25, 2020, on several

5 felony and misdemeanor charges related to a civilian car chase involving gunfire. A

6 grand jury issued the indictment based on the testimony of the primary investigating

7 police officer, Officer A. Zambrano (Officer Zambrano). Shortly after the

8 proceedings commenced, Assistant District Attorney C. Wilson (ADA Wilson)

9 entered an appearance on behalf of the State. The district court subsequently entered

10 a scheduling order setting deadlines for discovery disclosures and trial.

11 A. The First Warrant and Affidavit

12 {5} On March 25, 2020, Officer Zambrano obtained a search warrant from a metro

13 court judge to obtain an oral swab and fingerprints from Defendant. The affidavit

14 supporting this warrant does not disclose that Defendant had been indicted on the

15 charges one month earlier in district court. The affidavit also identifies Defendant as

16 “SUSPECT.” The affidavit further certifies that it was “approved by” ADA Wilson.

17 {6} After learning of the warrant, Defendant filed a motion asking the district

18 court to quash the warrant. Defendant argued that the metro court could not issue the

19 search warrant because it did not share concurrent jurisdiction with the district court 1 once he had been indicted. Defendant also asserted that, by failing to inform the

2 metro court of the district court’s proceedings, the State had omitted facts material

3 to the determination of probable cause and abridged its duty of candor to the tribunal.

4 {7} The State, through ADA Wilson, responded that the motion to quash was

5 moot, as the warrant had not been executed within ten days and thus had lapsed. See

6 Rule 7-208(C) (providing that “[a] search warrant shall be executed within ten (10)

7 days after the date of issuance”). The State also argued that no rule or precedent

8 prohibited the practice of obtaining a post-indictment search warrant and that Rule

9 5-211 was silent as to “the inclusion of any information regarding an active case.”

10 The State further argued that the pendency of criminal proceedings is immaterial to

11 the determination of probable cause and suggested that the prosecutor’s duty of

12 candor was inapposite because Officer Zambrano met with the metro court judge

13 “without the involvement of counsel for the State.”

14 {8} The district court scheduled a hearing on Defendant’s motion to quash for

15 April 16, 2020.

16 B. The Second Warrant and Affidavit

17 {9} On April 9, 2020, Officer Zambrano submitted a second affidavit for the same

18 evidence to a different judge at the metro court. This second affidavit similarly omits

19 the fact that Defendant had been indicted in the district court and fails to disclose 1 that the first warrant for the same evidence had issued, had lapsed, and was currently

2 the subject of a pending motion to quash. ADA Wilson similarly “approved” Officer

3 Zambrano’s second affidavit.

4 {10} The metro court issued the second warrant that same day, April 9, 2020. The

5 second warrant was executed and the desired evidence obtained on April 15, 2020,

6 the day before the district court’s hearing on Defendant’s motion to quash the first

7 warrant.

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State v. Chavez, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-chavez-nm-2025.