State v. Gonzales

975 P.2d 355, 126 N.M. 355
CourtNew Mexico Court of Appeals
DecidedDecember 21, 1998
Docket18818
StatusPublished
Cited by64 cases

This text of 975 P.2d 355 (State v. Gonzales) 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. Gonzales, 975 P.2d 355, 126 N.M. 355 (N.M. Ct. App. 1998).

Opinion

975 P.2d 355 (1998)
126 N.M. 355
1999-NMCA-027

STATE of New Mexico, Plaintiff-Appellant,
v.
Benjamin C. GONZALES and Richard Quintana, Defendants-Appellees.

No. 18818.

Court of Appeals of New Mexico.

December 21, 1998.
Certiorari Denied February 2 and 4, 1999.

*356 Tom Udall, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, for Appellant.

Wade H. Russell, Santa Fe, for Appellee Gonzales.

Phyllis H. Subin, Chief Public Defender, Christopher Bulman, Assistant Appellate Defender, Santa Fe, for Appellee Quintana.

Certiorari Denied, No. 25540, February 2 and No. 25551, February 4, 1999.

OPINION

HARTZ, Chief Judge.

{1} The State appeals the district court's order suppressing drugs discovered during a consensual search of Defendants' vehicle. Officers had stopped the vehicle on the basis of an informant's tip. The district court ruled that the informant's tip did not create the reasonable suspicion necessary to justify the stop. We disagree and reverse.

{2} The only evidence concerning the tip was testimony by the officer who claimed to have received the tip. That testimony, if believed, required a finding of reasonable suspicion. Although the district court was not required to believe the testimony, we presume that it did so because (1) the testimony was uncontradicted, (2) the court failed to set forth on the record any reason for disbelieving it, see State v. Lovato, 112 N.M. 517, 521, 817 P.2d 251, 255 (Ct.App.1991), and (3) the court's oral statements and its ruling on another issue indicate that the court believed the officer.

I. BACKGROUND

{3} The testifying officer was Agent John Garcia of the Santa Fe Police Department. On January 20, 1996, he received a tip from a confidential informant that Benjamin Gonzales and Richard Quintana were making deliveries of methamphetamine on Airport Road near the golf course. According to the informant, the men were driving a tan Dodge Ram Charger with New Mexico license plate number 134-HML. The informant reported having seen methamphetamine in the vehicle earlier in the day. Approximately twenty times in the past the informant had given information to police officers, with "probably about a ninety percent case clearance."

{4} Agent Garcia and two other narcotics officers drove to Airport Road and set up a surveillance. They apparently knew where the vehicle was parked but decided not to move close enough to "eyeball" it in order to avoid jeopardizing another police narcotics operation taking place in the same area. After waiting about thirty minutes, the officers saw the vehicle drive by. They called for backup assistance and stopped the vehicle.

{5} There is conflicting testimony about what happened next. Agent Garcia testified as follows: After separating and pat-searching the two men, he told Gonzales that the police had received information that he and Quintana were currently in possession of controlled *357 substances. He asked Gonzales for permission to search the vehicle. Gonzales said that there was nothing in the vehicle and told the officers that they could "go ahead and check it." Garcia searched the vehicle and found a plastic bag containing a small amount of white powder, which field-tested as methamphetamine. The officers then arrested Gonzales and Quintana for possession of a controlled substance, handcuffed them, and drove them to the police station.

{6} In contrast, Gonzales and Quintana testified that the officers pulled them out of the vehicle at gunpoint and immediately handcuffed them, frisked them, and put them into a police car. All that the officers said to Gonzales at the scene was "manos para arriba" (hands up). The officers never asked for permission to search the vehicle, and neither Gonzales nor Quintana consented to a search.

{7} Defendants moved to suppress the methamphetamine on three grounds: (1) the police lacked reasonable suspicion to stop the vehicle, (2) the stop was actually an arrest unsupported by probable cause, and (3) there was no valid consent to the search. Defendants challenged the credibility of Agent Garcia and the trustworthiness of the informant's tip.

{8} Following the presentation of testimony at the hearing, the district court rejected Defendants' contentions 2 and 3 but agreed with the first contention. The court explained:

[T]he view of the court is that the defense loses on both whether or not this was an arrest situation and whether or not there was a consent. The only issue before me is whether or not this is a case of the officers having reasonable suspicion at the time they stopped the vehicle.
I agree with defense counsel that this is not the [State v. Pallor, 1996-NMCA-083, 122 N.M. 232, 923 P.2d 599] scenario. This is not a concerned citizen giving information to the police; that this is a confidential informant giving information to the police which is then, in the view of the court, not corroborated by the police.
The evidence that was presented that I turn on is the fact that the confidential informant told the officers that these individuals were making deliveries. So, in addition to the identification of the car, the licence plate number, the officers were given information which could be checked by surveillance. And I find that they did no surveillance to speak of.
They located the car and had it pulled over, and the officer's testimony was they didn't want to burn something else that they were doing, something else that was going on. There was no attempt made by the officers to observe what these individuals were doing — whether or not there was any other observable activity going on that would verify or confirm the information given to them by the confidential informant.
This is the scenario that wasn't addressed under [State v. De Jesus-Santibanez, 119 N.M. 578, 581, 893 P.2d 474, 477 (Ct.App.1995)] . . . because the facts in that case didn't get to the issue of whether or not the uncorroborated statements of a confidential informant are sufficient to establish reasonable suspicion.
In this case we have no other observations from the officers that can objectively be looked at to decide whether or not the officer had enough information for pulling this vehicle over. The officer's only statement was that this confidential informant had been helpful or that information had been correct in, and I put that down, about ninety percent of the time. Without any other follow-up or other investigation from the officers on the scene, they were very hasty in making their stop.

In its written order, the district court stated:

On defendants' arguments that this was an arrest situation requiring probable cause for a stop and that a valid consent was not given, the Court rules against defendants. On the issue of reasonable suspicion for the initial stop, the Court finds against the state, finding there was insufficient evidence to establish reasonable suspicion for this particular stop.

The court did not enter any findings of fact.

II. DISCUSSION

A. Standard of Review

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Cite This Page — Counsel Stack

Bluebook (online)
975 P.2d 355, 126 N.M. 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gonzales-nmctapp-1998.