State v. Haidle

2012 NMSC 33, 2012 NMSC 033, 2 N.M. 491
CourtNew Mexico Supreme Court
DecidedAugust 23, 2012
DocketDocket 32,828
StatusPublished
Cited by34 cases

This text of 2012 NMSC 33 (State v. Haidle) 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. Haidle, 2012 NMSC 33, 2012 NMSC 033, 2 N.M. 491 (N.M. 2012).

Opinion

OPINION

DANIELS, Justice.

{1} In this case, we address the use of multiple levels of anonymous hearsay reports in the probable cause portion of a search warrant affidavit. We granted Defendant David Haidle’s application for interlocutory appeal to review the district court’s partial denial of his motion to suppress evidence obtained at his home through execution of a magistrate court search warrant. The district court found that the warrant was issued without constitutionally adequate probable cause but refused to suppress pieces of bloodstained carpet on the theory that the carpet inevitably would have been discovered in a potential future search. We affirm the district court’s determination that the search warrant was invalid, but we reverse the ruling that the inevitable discovery doctrine would make the unlawfully seized carpet evidence admissible.

I. BACKGROUND

{2} On January 19, 2009, the decomposed body of Tiffany Lauer-Ventura was found dumped in a remote area near Los Lunas. The medical examiner determined that she was killed by violent blunt-force trauma to the head. According to the detectives investigating her death, Victim was a local transient and narcotics user with an extensive history of stealing from those who had invited her into their homes or confidence.

{3} On January 30, 2009, a New Mexico State Police detective interviewed Defendant in connection with Victim’s death. During the interview, Defendant admitted that he knew Victim, that he periodically hired her to do work for him, and that on at least three occasions he had paid her to have sex with him in his bathroom. Defendant also told the detective that Victim stole some of his tools and other property.

{4} On November 5 and 6, 2009, the detective received tips “from a confidential source and two concerned citizens that [Defendant] had admitted to at least one person that he had killed [Victim] for stealing from him.” On November 6, the police returned to Defendant’s home and interviewed him again. In response to questioning, Defendant denied he was involved in Victim’s death but admitted that her bodily fluids “may possibly be on his bed, bathroom, bathtub or couch” and specifically that her blood could be in his bathroom where she had injected heroin. Defendant agreed to let the police take an aluminum baseball bat, which Defendant said he kept in his bedroom for personal protection. He referred to the bat, along with his attack-trained Rottweilers, as his “weapons of choice.”

{5} On November 9, 2009, police submitted a search warrant affidavit containing this information to a magistrate judge and obtained a warrant to search Defendant’s home and truck. During execution of the warrant, detectives took from the truck a bloody T-shirt that appeared too small for Defendant, and they removed from his living room a piece of carpet containing bloodstains that someone apparently had tried to clean following the November 6 visit by the investigating officers. Based on these discoveries, police obtained a second warrant to procure a sample of Defendant’s DNA. After the blood on the carpet was matched to Victim, Defendant was arrested and charged with first-degree murder in violation of NMSA 1978, Section 30-2-1 (A)(1) (1994) and tampering with evidence in violation ofNMSA 1978, Section 30-22-5 (2003).

{6} Defendant moved the district court to suppress all evidence obtained as fruit of the November 9 search warrant, arguing that the affidavit failed to establish probable cause, as required by both the Fourth Amendment to the United States Constitution and Article II, Section 10 of the New Mexico Constitution. In a written response, the State conceded that the affidavit failed to establish probable cause but argued that the court should deny the motion because (1) the officers were acting in good faith; (2) they had additional information regarding the hearsay that they could have included in the affidavit to make it sufficient; (3) the issuing judge was at fault for not rejecting the legally inadequate warrant application and having the officers prepare a lawful substitute; and (4) the inevitable discovery doctrine should therefore justify denial of the motion to suppress. The district court granted Defendant’s motion to suppress in part, agreeing with both parties that the warrant lacked probable cause, but exempted the carpet evidence from the suppression order under the inevitable discovery exception to the exclusionary rule.

{7} We granted Defendant’s application for interlocutory appeal to review the district court’s partial denial of Defendant’s suppression motion as to the carpet. We have jurisdiction to hear Defendant’s appeal under NMSA 1978, Section 39-3-3(A)(3) (1972), interpreted by State v. Smallwood, 2007-NMSC-005, ¶ 10, 141 N.M. 178, 152 P.3d 821 (holding that this Court has “jurisdiction over a criminal defendant’s interlocutory appeal in cases where a sentence of life imprisonment or death could be imposed”).

{8} In an unusual reversal of legal theories, the State has abandoned both its concession below that the affidavit failed to establish probable cause and its inevitable discovery doctrine argument below that provided the basis for the district court’s partial denial of Defendant’s suppression motion. Instead, the State now relies on the “right for any reason” doctrine to argue that the suppression ruling should be affirmed on the theory that the affidavit was supported by probable cause, notwithstanding the State’s concession to the contrary in the district court. See Maralex Res., Inc. v. Gilbreath, 2003-NMSC-023, ¶ 13, 134 N.M. 308, 76 P.3d 626 (“[A]n appellate court will affirm the district court if it is right for any reason and if affirmance is not unfair to the appellant.” (internal quotation marks and citation omitted)).

II. THE AFFIDAVIT DID NOT ESTABLISH PROBABLE CAUSE

{9} Because an inevitable discovery analysis is unnecessary unless we first determine that a search was not lawful, we address the State’s argument on appeal that the district court’s refusal to suppress the carpet evidence should be upheld on the theory that the affidavit provided probable cause for issuance of the November 9 warrant. For the reasons that follow, we agree with both the district court and the prosecutor below in our determination that the affidavit lacked constitutionally adequate probable cause.

A. Standards of Review for a Search Warrant

{10} Before addressing the specific arguments in this case, we set out the controlling principles under New Mexico law for judicial review of probable cause for a search warrant. As we recently confirmed in State v. Williamson, the issuance of a search warrant is reviewed under a substantial basis standard. 2009-NMSC-039, ¶ 29, 146 N.M. 488, 212 P.3d 376 (“A reviewing court should not substitute its judgment for that of the issuing court...

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Cite This Page — Counsel Stack

Bluebook (online)
2012 NMSC 33, 2012 NMSC 033, 2 N.M. 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-haidle-nm-2012.