State v. Cordova

2016 NMCA 019, 9 N.M. 316
CourtNew Mexico Court of Appeals
DecidedJune 11, 2015
DocketS-1-SC-35386; Docket 32,820
StatusPublished
Cited by13 cases

This text of 2016 NMCA 019 (State v. Cordova) 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. Cordova, 2016 NMCA 019, 9 N.M. 316 (N.M. Ct. App. 2015).

Opinion

OPINION

FRY, Judge.

{1} Defendant appeals his convictions for causing great bodily injury by vehicle, aggravated driving while under the influence (DWI), knowingly leaving the scene of an accident, and homicide by vehicle. Defendant raises a number of arguments. However, the pertinent issue for this appeal is whether the district court erred in determining that the emergency assistance doctrine justified the warrantless entry by two Rio Arriba County sheriff’s deputies into Defendant’s residence. Because we conclude that the depirties did not have reasonable grounds to believe that a genuine emergency existed requiring their immediate aid, we hold that the district court erred in denying Defendant’s motion to suppress.

BACKGROUND

{2} The facts underlying Defendant’s convictions are as follows. A group of motorcyclists returning from a motorcycle rally in Red River, New Mexico, were traveling on State Road 76 near Chimayo, New Mexico. Defendant, driving a truck in the opposite direction, crossed the center lane and struck the motorcyclists. Several of the motorcyclists were injured in the collision, and one, the lead motorcyclist, was killed. Following the collision, Defendant drove a short distance before he and two passengers abandoned the vehicle.

{3} Deputy Paula Archuleta was one of the first deputies to respond to the scene. A witness informed Deputy Archuleta that the abandoned truck was farther up the road and that three individuals were seen running from the scene in the vicinity of the Rio Chiquito. While a fellow deputy stayed with the victims, Deputy Archuleta began investigating the abandoned truck. She noted damage on the front passenger side and a cracked windshield on the driver side. After running the license plate, Deputy Archuleta was informed that the truck belonged to Defendant. Deputy Archuleta called Deputy Isaac Martinez, who was off-duty but lived nearby, and asked for his assistance in searching for the suspects. The deputies first began searching the area surrounding the Rio Chiquito. After being told by a volunteer firefighter where Defendant lived, the deputies proceeded to Defendant’s residence.

{4} The deputies’ testimony at the preliminary hearing varied slightly on the events that followed once they reached Defendant’s residence. Deputy Archuleta testified that the door to the house was ajar and that she heard some type of “background noise” in the home. She testified that she knocked and announced the deputies’ presence and, upon getting no response, entered the home. Deputy Martinez, however, testified that they did not knock or hear “background noises.” He testified that the deputies announced their presence and walked into the home. Both deputies testified that they entered the home with guns drawn.

{5} The deputies located Defendant in his bedroom lying on the bed. The deputies asked if he was Juan Cordova. When Defendant responded that he was, the deputies ordered him to put his hands up. They then told Defendant he was the suspected driver, escorted Defendant out of the house, and told him that he was being detained for questioning. The deputies testified that Defendant had a cut on his forehead, although a physician who treated Defendant later testified that he did not recall such an injury. When deputies asked if he was okay, Defendant responded that his truck had been stolen and that he was not involved in the accident. Once the deputies removed Defendant from the home, he was placed in handcuffs and searched. A set of car keys was found in his front pocket. Defendant was taken to the sheriffs department and charged in relation to the death and injuries of the motorcyclists. A chemical test would later show Defendant’s blood alcohol content to be O.14.

{6} Before trial, Defendant filed a motion to suppress, arguing that the deputies’ entry into his home was in violation of the Fourth Amendment to the United States Constitution and Article II, Section 10 of the New Mexico Constitution. The district court denied the motion to suppress and concluded that, under the emergency assistance doctrine, the deputies’ warrantless entry into the home was justified by the deputies’ concern for Defendant’s safety. See State v. Ryon, 2005-NMSC-005, ¶¶ 27, 39, 137 N.M. 174, 108 P.3d 1032 (holding that “police officers may enter a home without a warrant or consent under the emergency assistance doctrine” when police have “reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property”). The case proceeded to trial, and Defendant was convicted on two counts of causing great bodily injury by vehicle, two counts of aggravated DWI, one count of leaving the scene of an accident, and one count of homicide by vehicle. Defendant now appeals.

DISCUSSION

Standard of Review

{7} We review a district court’s decision regarding a motion to suppress evidence as a mixed question of fact and law. State v. Vandenburg, 2003-NMSC-030, ¶ 17, 134 N.M. 566, 81 P.3d 19. “We view the facts in the light most favorable to the prevailing party and defer to the district court’s findings of historical facts and witness credibility when supported by substantial evidence.” Ryon, 2005-NMSC-005, ¶11. “The legality of a search, however, ultimately turns on the question of reasonableness.” Id. Reasonableness is determined de novo. Id.

Emergency Assistance Doctrine

{8} Defendant challenges the district court’s ruling that the deputies’ entry into Defendant’s home was justified under the emergency assistance doctrine. While “[wjarrantless searches and seizures inside a home are presumptively unreasonable,” the emergency assistance doctrine is one of the “few specific, narrowly defined exceptions.” Id. ¶ 23. In Ryon, our Supreme Court adopted the three-part test utilized in People v. Mitchell, 347 N.E.2d 607, 609 (N.Y. 1976). Ryon, 2005-NMSC-005, ¶ 29. It is the state’s burden to establish all three elements. Id. First, “the police must have reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property.” Id. (alteration, internal quotation marks, and citation omitted). Second, “the search must not be primarily motivated by intent to arrest and seize evidence.” 1 Id. (alteration, internal quotation marks, and citation omitted). Finally, “there must be some reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched.” Id. (alteration, internal quotation marks, and citation omitted).

{9} Defendant’s argument largely focuses on the first element. Defendant argues that the deputies did not have sufficient information to reasonably believe that he was in need of immediate aid. Defendant also argues, under the second element of the Mitchell test, that without such reasonable belief, the deputies’ actions were primarily motivated by their intention to apprehend him and gather evidence. In practice, however, this distinction is irrelevant because without such reasonable grounds, the deputies’ actions were unlawful.

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Cite This Page — Counsel Stack

Bluebook (online)
2016 NMCA 019, 9 N.M. 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cordova-nmctapp-2015.