State v. Pinela

830 P.2d 179, 113 N.M. 627
CourtNew Mexico Court of Appeals
DecidedMarch 5, 1992
Docket12765
StatusPublished
Cited by5 cases

This text of 830 P.2d 179 (State v. Pinela) 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. Pinela, 830 P.2d 179, 113 N.M. 627 (N.M. Ct. App. 1992).

Opinion

OPINION

BLACK, Judge.

Defendant appeals his conviction for possession of cocaine. He argues that the Roswell Municipal Court bench warrant was invalid, and if it was not, Officer Steinbeck was not authorized to execute it in Dexter. The trial court made the following rulings: (1) the warrant was valid, even though not based on a sworn affidavit; and (2) the arrest was legal because a Chaves County sheriff’s deputy has the authority to arrest a person in Chaves County based on a Roswell Municipal Court bench warrant. We affirm.

FACTS

Marvin Steinbeck, a police officer in Dexter, stopped Defendant in that city because he was not wearing a seat belt. After Defendant gave Officer Steinbeck his driver’s license, Steinbeck ran a license check and a local warrant check on Defendant. The routine check revealed there was an outstanding bench warrant from Roswell on Defendant. Officer Steinbeck took Defendant into custody and did a pat-down search. During the pat-down search, Officer Steinbeck found a small metal tin in Defendant’s right trouser pocket. Officer Steinbeck opened the tin and found a small brown vial and three wrapping papers that tested positive for cocaine.

Prior to trial, Defendant filed a motion to suppress on the ground that the Roswell bench warrant was invalid, but that even if it had been valid, Officer Steinbeck lacked authority to execute the warrant.

Lorraine Lucero, a senior clerk at the Roswell Municipal Court, testified at the suppression hearing concerning that court’s warrant procedures. She stated that when the clerk’s office first receives notice a party has been cited, a card is completed and a computer file is opened. The computer file contains the necessary information about the individual and the fine imposed. If an individual does not pay the fine on or before the date listed on the original citation or any authorized extension, the court’s computer automatically prints an order to show cause. Ms. Lucero further testified that in processing the show cause orders, a court clerk mails the original order to the defendant, and places a copy of the order in the court’s file. The show cause order contains a deadline by which the defendant must pay the fine or request an extension. If an individual fails to pay or appear by the requisite date, a bench warrant is automatically printed by the court’s computer. When the bench warrant is issued, the clerk's office checks each party’s file and makes sure that a show cause order was printed and mailed before the bench warrant is sent to the judge for signature. Although the clerks do not swear out an affidavit, they do write the amount of the bond or fine for the judge on an affidavit form. Ms. Lucero testified that this “affidavit” is also filled out by the clerks to indicate when the show cause order expired, and other general information for the judge’s use.

At the suppression hearing, Officer Steinbeck testified that although he was a Dexter police officer at the time of Defendant’s arrest, he was also commissioned as a sheriff’s deputy in Chaves County, where both the city of Roswell and Dexter are located.

VALIDITY OF THE BENCH WARRANT

SCRA 1986, 8-206 (Repl.Pamp.1990) (Rule 8-206), governs the issuance of bench warrants by municipal judges. Rule 8-206(A) provides that unless the transgression on which the bench warrant is based is within the court’s “personal knowledge,” the warrant may not be issued “except upon a sworn written statement of probable cause.” Defendant argues that because the judge had no “personal knowledge” of nonpayment, Rule 8-206 required the municipal court to have a sworn statement of probable cause in order to issue the bench warrant. Defendant cites no authority for this proposition but merely asserts that the “rule needs no interpreting and can be readily applied to the facts of appellant’s case.”

Defendant misapprehends the nature of the “personal knowledge” required to issue a bench warrant under Rule 8-206. As indicated, the Roswell municipal judge in the case at bar received a computer-generated bench warrant. Before the clerk presented that warrant to the judge, however, the clerk’s office had verified that a show cause order had previously been mailed to Defendant and that the response time stated in that show cause order had expired. The clerk’s office also noted the amount of the fine and other general information on an unsworn affidavit form before presenting it to the judge.

The “personal knowledge” exception to the affidavit requirement appears to recognize that there is no point in the municipal judge’s executing an affidavit when the judge has personal knowledge of facts constituting probable cause. Other jurisdictions have approved the elimination of similar useless formalities in this context. See, e.g., O’Dell v. City of Knoxville, 388 S.W.2d 150 (Tenn.Ct.App.1964) (facsimile signature of municipal judge on warrant presumed to be adopted by judge); Salt Lake City v. Hanson, 19 Utah 2d 32, 425 P.2d 773 (1967) (stamped signatures of police officer and city judge on complaint charging ordinance violations sufficient).

In this regard, we think the requirement of “personal knowledge” under Rule 8-206 is analogous to the requirement that a witness can only testify as to matters on which he has “personal knowledge” under SCRA 1986, 11-602 (Rule 602). The federal courts have repeatedly recognized, under the virtually identical federal rule of evidence, that a witness can acquire “personal knowledge” through a review of records kept in the regular course of business. United States v. Endicott, 803 F.2d 506, 512 (9th Cir.1986), cert. denied, — U.S. —, 111 S.Ct. 529, 112 L.Ed.2d 540 (1990); Teen-Ed, Inc. v. Kimball Int’l, Inc., 620 F.2d 399, 403 (3d Cir.1980); Cities Serv. Oil Co. v. Coleman Oil Co., 470 F.2d 925, 932 (1st Cir.1972), cert. denied, 411 U.S. 967, 93 S.Ct. 2150, 36 L.Ed.2d 688 (1973); cf. Nichols Corp. v. Bill Stuckman Constr., Inc., 105 N.M. 37, 41, 728 P.2d 447, 451 (1986) (principal in construction project allowed to testify on value of materials and labor based on his review of business records). The federal courts have also recognized that a person supervising the employees who actually compiled the data may thus acquire sufficient “personal knowledge.” United States v. Sutton, 795 F.2d 1040, 1057 (Temp.Emer.Ct.App.1986), cert. denied, 479 U.S. 1030, 107 S.Ct. 873, 93 L.Ed.2d 828 (1987).

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Bluebook (online)
830 P.2d 179, 113 N.M. 627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pinela-nmctapp-1992.