State v. Martinez

1997 NMCA 048, 940 P.2d 1200, 123 N.M. 405
CourtNew Mexico Court of Appeals
DecidedMay 1, 1997
Docket17503
StatusPublished
Cited by20 cases

This text of 1997 NMCA 048 (State v. Martinez) 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. Martinez, 1997 NMCA 048, 940 P.2d 1200, 123 N.M. 405 (N.M. Ct. App. 1997).

Opinion

OPINION

HARTZ, Chief Judge.

(1) Defendant pleaded guilty to a charge of possession of marijuana with intent to distribute. He reserved the right to appeal the denial of his motion to suppress marijuana found in his home when officers executed a warrant to arrest him on another drug charge. The sole issue on appeal is the legality of the search that revealed the marijuana. We hold that the record before us is insufficient to support the search and therefore reverse.

BACKGROUND

(2)At approximately 6 a.m. on November 30, 1994 four law enforcement officers went to 220 West Tenth Street in Clovis, New Mexico, to execute a warrant to arrest Defendant for trafficking cocaine. Deputy Sheriff John Mares and a fellow deputy from the Curry County Sheriffs Office went to the back of the house while state police Officer Clifford Frisk and Joe Casarez, a special agent for the district attorney’s office, went to the front door.

(3)The officers at the front door knocked and announced their identity. The lights in the house came on and Defendant looked at the officers through a window in the front door. The officers identified themselves in Spanish and stated that they had an arrest warrant. The porch light and interior light then went out, so the officers kicked open the front door. For the convenience of the reader, we include the following sketch of the premises:

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The officers entered the living room with their weapons drawn and saw Defendant, wearing briefs, standing just past the doorway to Bedroom # 1. They ordered Defendant to freeze. He complied and was handcuffed.

(4)The two deputies then entered through the rear of the residence. The officers searched for any other persons who might be in the house and also looked for weapons. They found a Mr. Nunez in Bedroom # 2 and a shotgun in Bedroom # 1, near where Defendant was originally seen. Later, Deputy Mares looked in an open closet in Bedroom # 1 and saw a box containing some loose cartridges. While looking through the box and picking up the cartridges, he found a paper sack. He opened it and discovered baggies of marijuana. Mares testified that his purpose in looking through the sack was “to see if there was a weapon in there that would match the cartridges in the box.”

(5) Defendant does not challenge the legality of the arrest or the entry into the home. His sole contention is that Mares had no authority to conduct a warrantless search of the paper sack.

DISCUSSION

(6) On appeal the State contends that Mares was conducting a lawful search incident to an arrest. The appropriate scope of a search incident to an arrest was set forth by the United States Supreme Court in Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969). The Court wrote:

When an arrest is made, it is reasonable for the arresting officer to search the person arrested in order to remove any weapons that the latter might seek to use in order to resist arrest or effect his escape. Otherwise, the officer’s safety might well be endangered, and the arrest itself frustrated. In addition, it is entirely reasonable for the arresting officer to search for and seize any evidence on the arrestee’s person in order to prevent its concealment or destruction. And the area into which an arrestee might reach in order to grab a weapon or evidentiary items must, of course, be governed by a like rule. A gun on a table or in a drawer in front of one who is arrested can be as dangerous to the arresting officer as one concealed in the' clothing of the person arrested. There is ample justification, therefore, for a search of the arrestee’s person and the area “within his immediate control” — construing that phrase to mean the area from within which he might gain possession of a weapon or destructible evidence.
There is no comparable justification, however, for routinely searching any room other than that in which an arrest occurs— or, for that matter, for searching through all the desk drawers or other closed or concealed areas in that room itself. Such searches, in the absence of well-recognized exceptions, may be made only under the authority of a search warrant. The “adherence to judicial processes” mandated by the Fourth Amendment requires no less.

Id. at 762-63, 89 S.Ct. at 2040 (emphasis added) (footnote omitted); accord Rodriquez v. State, 91 N.M. 700, 703-04, 580 P.2d 126, 129-30 (1978); see State v. Capps, 97 N.M. 453, 455, 641 P.2d 484, 486 (1982) (noting that United States Supreme Court had expanded scope of search incident to arrest for arrest of occupant of automobile).

(7) In applying the Chimel test we must be sensitive to the dangers to law enforcement officers in an unpredictable and highly charged situation. “Every arrest must be presumed to present a risk of danger to the arresting officer.” Washington v. Chrisman, 455 U.S. 1, 7, 102 S.Ct. 812, 817, 70 L.Ed.2d 778 (1982). Law enforcement officers need not “‘presume that an arrestee is wholly rational.’ ” United States v. Queen, 847 F.2d 346, 354 (7th Cir.1988) (quoting United States v. McConney, 728 F.2d 1195, 1207 (9th Cir.1984) (en banc)). Even a handcuffed arrestee may be foolhardy enough to try to seize a nearby firearm. See id. at 353-54 (defendant was handcuffed behind his back). Moreover, “ ‘[cjustodial arrests are often dangerous; the police must act decisively and cannot be expected to make punctilious judgments regarding what is within and what is just beyond the arrestee’s grasp.’ ” Id. at 353 (quoting United States v. Lyons, 706 F.2d 321, 330 (D.C.Cir.1983)). We will not demand finely choreographed coordination among the officers. An officer securing the area within the arrestee’s reach need not determine precisely when other officers have obtained complete control over the arrestee. See United States v. Lucas, 898 F.2d 606, 609-10 (8th Cir.1990) (defendant reached toward a kitchen cabinet as officers approached him; after he was subdued one officer opened the cabinet door and seized a pistol as another officer pulled the defendant from the room); United States v. Parra, 2 F.3d 1058, 1063 (10th Cir.1993) (as two suspects were subdued and handcuffed, an officer lifted a bed pillow and discovered a pistol underneath; after the suspects were seated on the ground with their hands cuffed behind their backs, another officer lifted up a second pillow and found drugs); cf. United States v. Nelson, 102 F.3d 1344

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Cite This Page — Counsel Stack

Bluebook (online)
1997 NMCA 048, 940 P.2d 1200, 123 N.M. 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martinez-nmctapp-1997.