State v. Garcia

860 P.2d 217, 116 N.M. 87
CourtNew Mexico Court of Appeals
DecidedAugust 26, 1993
Docket14034
StatusPublished
Cited by6 cases

This text of 860 P.2d 217 (State v. Garcia) 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. Garcia, 860 P.2d 217, 116 N.M. 87 (N.M. Ct. App. 1993).

Opinion

OPINION

ALARID, Judge.

Appellant was charged with bringing contraband (marijuana) into a place of imprisonment in violation of NMSA 1978, Section 30-22-14 (Repl.Pamp.1984). Following an unsuccessful hearing on a motion to suppress, and subject to the right to appeal the decision concerning suppression of the evidence, Appellant pleaded guilty. Because we conclude that the detention and strip search of Appellant was conducted by prison authorities in violation of the fourth amendment right to be free from unreasonable searches, we reverse the trial court's decision concerning the suppression of evidence and remand.

BACKGROUND AND FACTS

On November 8, 1991, an associate warden at the Southern New Mexico Correctional Facility (hereinafter “SNMCF”) received an anonymous telephone call. The caller informed the associate warden that Diane Castro Garcia (hereinafter “Appellant”) used her children to smuggle heroin into SNMCF. The caller reported Appellant residing at a local Las Cruces address and that the heroin was intended for Appellant’s husband, who, at that time, was incarcerated at SNMCF. After receiving the anonymous phone call, the associate warden requested permission from his superi- or, deputy warden Ron Lytle, to conduct a strip search of Appellant the next time she attempted to enter SNMCF.

On November 9, 1991, after Appellant signed in at SNMCF to visit her husband, she was informed by prison personnel that the warden wanted to visit with her. Two female correctional officers and a captain with the New Mexico Department of Corrections then escorted Appellant to the warden’s conference room. The reception guard retained her driver’s license, which Appellant had produced for identification. The location of the conference room is within the interior area of the prison and is reachable only by passing through electronic security doors. After entering the conference room and taking seats at a conference table, the captain informed Appellant that she was suspected of bringing contraband into the prison. The captain then requested permission from Appellant to conduct a strip search. Appellant refused to consent to a strip search. The captain then informed Appellant that if she did not consent, the state police would be contacted “to see about” obtaining a search warrant. After further detention, Appellant surrendered two baggies of marijuana to the prison guards and was then strip searched.

DISCUSSION

Standard of Review

This Court will not disturb a trial court’s denial of a motion to suppress if it is supported by substantial evidence, unless it appears that the ruling of the court was erroneously premised upon the law or facts. State v. Boeglin, 100 N.M. 127, 666 P.2d 1274 (Ct.App.1983).

Strip Searches of Visitors to Penal Institutions

Strip searches of visitors to penal institutions presents this Court with a question of first impression. “[A] strip search, regardless how professionally and courteously conducted, is an embarrassing and humiliating experience.” Hunter v. Auger, 672 F.2d 668, 674 (8th Cir.1982); see also Burns v. Loranger, 907 F.2d 233, 235 n. 6 (1st Cir.1990) (“[A] strip search, by its very nature, constitutes an extreme intrusion upon personal privacy, as well as an offense to the dignity of the individual.”); Arruda v. Fair, 710 F.2d 886, 887 (1st Cir.) (recognizing the “severe if not gross interference with a person’s privacy that occurs when guards conduct a visual inspection of body cavities”), cert. denied, 464 U.S. 999, 104 S.Ct. 502, 78 L.Ed.2d 693 (1983). However, prison visitor search cases from other jurisdictions have considered the appropriate legal standard under which prison authorities may justify strip searches.

In the seminal federal appellate decision addressing this issue, the Hunter court explained: “After weighing the interest of correctional officials in preserving institutional security against the extensive intrusion on personal privacy resulting from a strip search, we conclude that the Constitution mandates that a reasonable suspicion standard govern strip searches of visitors to penal institutions.” Hunter, 672 F.2d at 674. As rationale, the Hunter court stated: “We believe that this standard is flexible enough to afford the full measure of fourth amendment protection without posing an insuperable barrier to the exercise of all search and seizure powers.” Id. (citing United States v. Asbury, 586 F.2d 973 (2d Cir.1978); United States v. Afanador, 567 F.2d 1325, 1328 (5th Cir.1978); United States v. Himmelwright, 551 F.2d 991, 995 (5th Cir.), cert. denied, 434 U.S. 902, 98 S.Ct. 298, 54 L.Ed.2d 189 (1977)).

The great weight of authority follows Hunter, requiring reasonable suspicion before a prison visitor can be strip searched. See, e.g., Cochrane v. Quattrocchi, 949 F.2d 11 (1st Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 2965, 119 L.Ed.2d 586 (1992); Blackburn v. Snow, 771 F.2d 556 (1st Cir.1985); Thorne v. Jones, 765 F.2d 1270 (5th Cir.1985); Daugherty v. Campbell, 935 F.2d 780 (6th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 939, 117 L.Ed.2d 110 (1992); see Commonwealth v. Gumby, 398 Pa.Super. 155, 580 A.2d 1110 (1990); Estes v. Rowland, 14 Cal.App.4th 508, 17 Cal.Rptr.2d 901 (1993). But see State v. Custodio, 62 Haw. 1, 607 P.2d 1048 (1980); Wells v. State, 402 So.2d 402 (Fla.1981). In the above cases it appears that prison policy permitted a visitor to refuse to be searched, in which case the visitor was escorted off the premises. Although none of the opinions specifically held that even when reasonable suspicion is present the visitor must be afforded the opportunity to refuse to be searched and be escorted off the premises, we so hold in this case. See Estes v. Rowland. Ordinarily, probable cause is required to justify a search or seizure. If the demands of the prison environment are to justify a lesser standard — the reasonable suspicion standard — for strip searches of visitors, the lesser standard can be justified only to the extent necessary. If the objectives of the search — the prevention of the introduction of weapons or contraband into the prison environment — can be accomplished by less intrusive means, those means should be required of prison officials when they are a reasonable alternative to a search.

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Bluebook (online)
860 P.2d 217, 116 N.M. 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-garcia-nmctapp-1993.