State v. Madsen

5 P.3d 573, 5 P.2d 573, 129 N.M. 251
CourtNew Mexico Court of Appeals
DecidedApril 17, 2000
Docket20,081
StatusPublished
Cited by17 cases

This text of 5 P.3d 573 (State v. Madsen) 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. Madsen, 5 P.3d 573, 5 P.2d 573, 129 N.M. 251 (N.M. Ct. App. 2000).

Opinion

OPINION

BUSTAMANTE, Judge.

{1} Defendant appeals his convictions for unlawful carrying of a deadly weapon and trafficking cocaine. On appeal, he contends (1) the trial court erred in denying his motion to suppress evidence and (2) the judge pro tempore was improperly appointed and therefore lacked authority to preside over this case. For the reasons set forth below, we reject Defendant’s contentions and affirm the judgment and sentence of the trial court.

FACTS

{2} On August 12, 1997, Detective William Brown of the Roswell Police Department obtained a search warrant for room 115 of the Leisure Inn motel in Roswell. The search warrant authorized the search of the motel room for firearms and related evidence. The basis for the search warrant was the complaints of two victims, James Hughes and Sophia Cooper (Victims). Mi'. Hughes reported that four days earlier, on August 8, Defendant chased and pointed a gun at Victims as they were driving down the street. Mr. Hughes identified Defendant in a photo array as the person who aimed a gun at Victims. Ms. Cooper complained that on August 11, Defendant grabbed and beat her in room 115 of the motel. Ms. Cooper is the former girlfriend of Defendant.

{3} The police attempted to corroborate the complaints of Victims before obtaining the search warrant. Detective Jody Seifres conducted a surveillance outside the motel room on the day the warrant was issued. At approximately 6:15 p.m., he observed Defendant drive through the parking lot of the motel, park his motorcycle in front of room 115 and enter the room. The officer ran a license plate check on the motorcycle, and it was registered in Defendant’s name.

{4} At approximately 8:45 p.m., Sergeant Pennington and Detectives Brown, Seifres, and Hill drove into the parking lot of the Leisure Inn and were about to execute the search warrant when they observed Defendant talking on a pay phone in front of the motel. The pay phone was approximately 50 to 100 yards away from the motel room to be searched. Although Defendant was not observed with a firearm and did not appear to be engaged in any criminal activity, the officers decided to “make contact” with him at the pay phone for safety reasons. Detective Seifres testified that because Defendant was suspected of pointing a firearm at Victims, it was safer to approach him at the pay phone and thus avoid a possible confrontation with him later in the room as the search warrant was being executed. Detective Brown similarly testified that it was more prudent to contact Defendant out in the open than in the motel room. Sergeant Pennington testified that the officers made contact with Defendant to “talk with him.”

{5} The officers pulled up to Defendant in a dark, unmarked vehicle. All four of the officers got out of the vehicle, drew their weapons, identified themselves as the police, and ordered Defendant to step away from the phone and to show his hands. The officers testified that they drew their weapons and ordered Defendant to show his hands because he was suspected of aggravated assault and was believed to be armed and dangerous. Defendant moved away from the phone but did not put up his hands. His left hand was concealed under his shirt. The officers repeatedly ordered Defendant to raise his hands, but he refused to comply and stared blankly at the officers.

{6} Finally, two officers grabbed Defendant, pushed him against the wall, and held his hands to the wall. Around this time, Defendant announced that he had a loaded gun. A loaded .45 caliber semiautomatic handgun was removed from the waistband of his pants. Defendant was then arrested for unlawfully carrying a deadly weapon and was handcuffed. He was escorted to a patrol car that had just arrived at the scene and was searched by Detectives Seifres and Brown. The officers found on Defendant two bags of cocaine, one bag of marijuana, rolling papers, $1480 in cash, a pager, and a chrome magazine with eight rounds in it.

DISCUSSION

Motion To Suppress

{7} Defendant moved to suppress the evidence against him on the grounds that he was unlawfully stopped, detained, and searched by the officers. The trial court denied the motion. We review the trial court’s denial of Defendant’s motion to suppress to determine whether “the law was correctly applied to the facts, viewing them in the manner most favorable to the prevailing party.” State v. Esguerra, 113 N.M. 310, 313, 825 P.2d 243, 246 (Ct.App.1991). Although we review the trial court’s application of the law to the facts de novo, we will not disturb “the trial court’s findings of historical fact if they are supported by substantial evidence.” State v. Shaulis-Powell, 1999-NMCA-090, ¶ 7, 127 N.M. 667, 986 P.2d 463. We indulge all reasonable inferences in support of the trial court’s ruling even when the trial court did not enter any findings of fact in deciding the motion to suppress. See State v. Wagoner, 1998-NMCA-124, ¶ 16, 126 N.M. 9, 966 P.2d 176.

{8} Defendant argues that the officers lacked reasonable suspicion to stop and detain him because he was not observed committing a crime at the pay phone, and the report that he brandished a gun at Victims four days earlier did not justify an investigative stop under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). He also argues that the detention was not authorized under the search warrant because he was not named in the search warrant and was not in the motel room when the officers arrived to execute the warrant.

{9} This Court has observed that “in appropriate circumstances, a police officer may detain a person in order to investigate possible criminal activity, even if there is no probable cause to make an arrest.” State v. Cobbs, 103 N.M. 623, 626, 711 P.2d 900, 903 (Ct.App.1985); see also Terry, 392 U.S. at 20-22, 88 S.Ct. 1868. When making an investigatory stop, the officer “must have a reasonable suspicion, based upon specific articulable facts and any rational inferences that can reasonably be drawn from such facts, that the law has been or is being violated.” State v. Lovato, 112 N.M. 517, 519, 817 P.2d 251, 253 (Ct.App.1991). Therefore, we determine the existence of reasonable suspicion under an objective standard: “Would the facts available to the officer warrant the officer, as a person of reasonable caution, to believe the action taken was appropriate?” State v. Galvan, 90 N.M. 129, 131, 560 P.2d 550, 552 (Ct.App.1977); see also In re Jason L., 1999-NMCA-095, ¶ 10, 127 N.M. 642, 985 P.2d 1222. (“The existence of reasonable suspicion ... must be judged by the totality of the circumstances and the reasonable inferences ... drawn therefrom.”).

{10} In this case, the officers had arrived at the motel to execute a search warrant for room 115 when they saw Defendant using a pay phone in front of the motel. The officers had information that Defendant had assaulted two victims with a firearm four days earlier and had beaten one victim in the motel room the previous day. Defendant had been identified by one of the victims in a photo array.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Heitz
New Mexico Court of Appeals, 2023
State v. Garcia
New Mexico Court of Appeals, 2022
State v. Granados
New Mexico Court of Appeals, 2021
State v. Yazzie
2014 NMCA 108 (New Mexico Court of Appeals, 2014)
United States v. Rodriguez
739 F.3d 481 (Tenth Circuit, 2013)
People v. Hill
2012 IL App (1st) 102028 (Appellate Court of Illinois, 2012)
State v. Aaron R
New Mexico Court of Appeals, 2010
State v. Winton
2010 NMCA 020 (New Mexico Court of Appeals, 2009)
State v. S Salazar
New Mexico Court of Appeals, 2009
State v. Hubble
2009 NMSC 014 (New Mexico Supreme Court, 2009)
State v. Gutierrez
2008 NMCA 015 (New Mexico Court of Appeals, 2007)
Williamson v. State
921 A.2d 221 (Court of Appeals of Maryland, 2007)
State v. Vandenberg
2003 NMSC 030 (New Mexico Supreme Court, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
5 P.3d 573, 5 P.2d 573, 129 N.M. 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-madsen-nmctapp-2000.