State v. Martinez

2005 NMCA 052, 112 P.3d 293, 137 N.M. 432
CourtNew Mexico Court of Appeals
DecidedMarch 23, 2005
DocketNo. 24,470
StatusPublished
Cited by9 cases

This text of 2005 NMCA 052 (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, 2005 NMCA 052, 112 P.3d 293, 137 N.M. 432 (N.M. Ct. App. 2005).

Opinion

OPINION

PICKARD, Judge.

{1} Defendant appeals the district court order denying his motion to suppress the evidence obtained from a traffic stop. Defendant entered a conditional guilty plea to di'iving while intoxicated (DWI), reserving the right to appeal the denial of his motion to suppress. On appeal, Defendant argues that the traffic stop and his detention and arrest are illegal because Navajo Tribal Officer Franklin Begaye (Officer Begaye) lacked the power to act as a New Mexico peace officer with authority to enforce the Motor Vehicle Code on non-Indian land in the City of Gallup by virtue of NMSA 1978, § 29-1-11(0(8) (2002). Defendant’s remaining arguments, challenging the legality of his stop, detention, and arrest, are all predicated on Officer Begaye’s lack of authority to act in the City of Gallup. We do not agree, however, with Defendant’s argument that Section 29-1-11(C)(8) precludes Officer Begaye from enforcing the law as a commissioned deputy in Gallup. Mindful of Defendant’s burden to demonstrate error on appeal and considering only those arguments properly raised and developed in Defendant’s briefs, we hold that Defendant failed to establish error. On these grounds, we affirm the district court’s denial of the motion to suppress the evidence.

FACTUAL AND PROCEDURAL BACKGROUND

{2} Officer Begaye was uniformed, on duty, and driving his squad ear through the City of Gallup, not his usual area of patrol, when he observed a white vehicle traveling off a highway exit. The vehicle pulled out in front of Officer Begaye, who had to swerve to avoid a collision as he was traveling through an intersection. Officer Begaye followed the vehicle and noticed that it was not traveling safely in one lane. In response, Officer Begaye turned on his squad car’s emergency lights and followed the vehicle, which eventually pulled over and stopped. Officer Begaye then contacted the City of Gallup Metro Dispatch for assistance and exited his squad car to investigate the driver for possible drunk driving. The driver, identified as Defendant, gave Officer Begaye his driver’s license, registration, and proof of insurance. Officer Begaye smelled the odor of intoxicating liquor on Defendant’s breath and person and observed that Defendant had red, watery eyes. Further, Officer Begaye observed beer cans in the vehicle and noticed that the middle, back passenger appeared passed out and that the other passengers were holding beer cans.

{3} The Gallup city officer contacted by Metro Dispatch arrived on the scene and informed Officer Begaye that her agency did not assist other agencies in investigating traffic offenses. Officer Begaye again contacted Metro Dispatch, which referred the matter to the McKinley County Sheriffs Office, which sent a deputy to assist. Officer Begaye handcuffed Defendant and placed him in the back seat of his squad car until the county deputy arrived. McKinley County Deputy George Justice (Deputy Justice) arrived, spoke with Officer Begaye about his observations, and conducted his own investigation including field sobriety tests. Deputy Justice also smelled the odor of alcohol on Defendant, noticed that Defendant’s eyes were red and watery, and observed clues from the field sobriety tests indicating that Defendant was intoxicated. Believing that Defendant was intoxicated over the legal limit for operating a motor vehicle, Deputy Justice arrested Defendant and transported him to the McKinley County Detention Center.

{4} In district court, Defendant moved to suppress the evidence, challenging the legality of the stop and arrest on the grounds that Officer Begaye lacked authority to stop and detain him in Gallup. The district court denied the motion without entering findings and conclusions. Defendant pled guilty to DWI, reserving the right to appeal the denial of his motion to suppress.

DISCUSSION

{5} On appeal, Defendant’s brief in chief asserts several grounds on which the stop, detention, and arrest of Defendant are illegal, all based on the notion that Officer Begaye is not duly commissioned to act as a New Mexico peace officer with authority to enforce the Motor Vehicle Code in Gallup. The brief in chief asserts only one basis to challenge Officer Begaye’s claimed commissioned authority. Defendant argues that Section 29-l-ll(C)(8) expressly precludes tribal officers from exercising commissioned law enforcement authority in the City of Gallup. Defendant makes this argument while apparently conceding that Officer Begaye was properly commissioned as a deputy sheriff. It is undisputed that Officer Begaye testified that he was commissioned as a deputy sheriff and produced his commission card in court. The brief in chief states, “Sheriff Gonzales testified that the cross-commissioned officers (deputies) had the authority to do [respond to] a traffic offense or a domestic violence matter within the City of Gallup, but the authority granted did not ‘create or supercede any statutes.’” (Brackets in original.) It also states, “The factual issue of whether Officer Begaye is, in fact, a cross-commissioned officer does not resolve the issue of the legality of his motor vehicle stop. Even if Officer Begaye was a cross-commissioned officer, he lacked authority to stop and arrest [Defendant] based solely on the location of the stop.”

{6} In response, the State argues that Section 29-1-11 governs only agreements between New Mexico tribes and the New Mexico State Police. The State contends, as it did below, that Officer Begaye was cross-commissioned, not by the state police, but by the McKinley County Sheriffs Office, which has law enforcement jurisdiction over the City of Gallup.

{7} At district court, much of the parties’ debate concerned Officer Begaye’s claimed authority as a cross-commissioned county deputy. Nevertheless, Defendant failed to argue against this basis for affirmance in his brief in chief. Rather, in his reply brief, Defendant presents a cursory and poorly articulated argument, unsupported by authority, suggesting that our statutes do not expressly give county sheriffs cross-commissioning power, and his reply brief continues his brief in chief argument, relying on Section 29-1-11, that “Officer Begaye could not have acted as a New Mexico peace officer in the Municipality of Gallup, whether cross-commissioned or not.” See Rule 12-213 NMRA; State v. Druktenis, 2004-NMCA-032, ¶ 122, 135 N.M. 223, 86 P.3d 1050 (refusing to reach an issue raised for the first time in a reply brief); Largo v. Atchison, Topeka & Santa Fe Ry. Co., 2002-NMCA-021, ¶ 31, 131 N.M. 621, 41 P.3d 347 (refusing to reach an issue raised for the first time in a reply brief where it deprives opposing party the opportunity to respond); see also State v. Southworth, 2002-NMCA-091, ¶ 53, 132 N.M. 615, 52 P.3d 987 (refusing to reach the defendant’s cursory Fourth Amendment argument presented without citation to authority or explanation). Defendant’s conclusory assertion in his reply brief and his failure to argue against affirmance on these grounds in his brief in chief, which deprives the State of an effective rebuttal as contemplated by the rules, is not sufficient to present the issue for our review or to demonstrate error. Thus, we need not consider the assertion concerning cross-commissioning by county sheriffs further. See, e.g., Klopp v. Wackenhut Corp., 113 N.M. 153,162 n. 6, 824 P.2d 293, 302 n.

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Cite This Page — Counsel Stack

Bluebook (online)
2005 NMCA 052, 112 P.3d 293, 137 N.M. 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martinez-nmctapp-2005.