State v. Reyes

2009 NMCA 091, 215 P.3d 85, 146 N.M. 776
CourtNew Mexico Court of Appeals
DecidedJune 3, 2009
Docket26,593
StatusPublished

This text of 2009 NMCA 091 (State v. Reyes) 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. Reyes, 2009 NMCA 091, 215 P.3d 85, 146 N.M. 776 (N.M. Ct. App. 2009).

Opinion

OPINION

KENNEDY, Judge.

{1} Defendant presents to us a novel argument, seeking suppression of the evidence under the Fourth Amendment, on the ground that the police officer, who performed the traffic stop and subsequent arrest of Defendant, was without the authority to do so because he had failed to obtain his officer certification within the statutory time limit prescribed by NMSA 1978, Section 29-7-6(B) (1993), of the Law Enforcement Training Act (the Act), NMSA 1978, §§ 29-7-1 to -13 (1969, as amended through 2003). Due to the specific arguments presented and developed below and on appeal, we limit our review to the narrow question of statutory construction. Under the facts presented by this case, we are not persuaded that the Legislature intended to preclude the officer from performing the duties of his employment with the police department. We affirm.

BACKGROUND

{2} Defendant entered a conditional plea agreement in which he pleaded no contest to the offenses of possession of methamphetamine and drug paraphernalia, admitted to being a habitual offender, and reserved the right to appeal the denial of his suppression motion.

{3} The facts are undisputed. Defendant does not challenge the officer’s conduct during the stop and arrest. On May 30, 2005, Officer Gomez pulled Defendant over for speeding on his motorcycle in Hurley, New Mexico. In the course of the traffic stop, Officer Gomez discovered that Defendant’s driver’s license had been revoked and arrested him. Officer Gomez asked Defendant if he had anything in his pockets, to which Defendant responded that he had a glass pipe. During the search of Defendant’s pockets incident to his arrest, Officer Gomez found the glass pipe and a substance that Defendant admitted was methamphetamine.

{4} Defendant moved to suppress the evidence, however, and argued that Officer Gomez was not a certified officer and that his position should have been forfeited because the Act requires an officer who does not obtain certification within one year to forfeit his position. See § 29-7-6(B). Therefore, Defendant argued that Officer Gomez had no more authority than an ordinary citizen to stop and arrest Defendant and that the officer’s actions in this case exceeded the scope of permissible law enforcement by ordinary citizens. The State argued that Officer Gomez was not required to forfeit his position and therefore had the authority to stop Defendant, because his employment history with police agencies where he had been employed complied with the statutory time frame contemplated by the Legislature in enacting the applicable provision of the Act.

{5} The district court held a hearing on the motion, at which Defendant and the State asserted conflicting interpretations of the statutory provision, both relying upon the plain meaning of the language and the policies underlying the Act. The district court denied Defendant’s motion to suppress and ruled that Officer Gomez had worked reasonably and in good faith toward completing all relevant training and that the policies underlying the statute would not be furthered by granting Defendant’s motion.

{6} In addition to addressing the parties’ arguments interpreting the statute, the district court expressed doubt that the Legislature contemplated invalidating an arrest for a technical violation of the Act. The court noted the lack of injury suffered by Defendant or the public as a result of Officer Gomez’s lack of certification at the time of the arrest and observed that “Defendant’s Fourth Amendment rights were never violated [by the o]fficer.”

{7} We share the concerns that caused the district court to question Defendant’s ability to challenge Officer Gomez’s certification status and his authority to act in an official capacity. We also recognize a question concerning the applicability of the exclusionary rule to a technical violation of the Act in the absence of officer misconduct. The district court, however, never expressed its concerns in terms of whether Defendant had standing to question these facts or whether the exclusionary rule is the appropriate remedy for a violation of the Act. In fact, the court commented at the hearing that there is no problem with the exclusionary rule in this case.

{8} In addition, the parties never addressed Defendant’s standing to enforce the statute or whether suppressing the evidence was an appropriate remedy for an alleged technical violation of the statute. Defendant’s brief in chief makes no argument that the Legislature intended to empower members of the public to enforce the statute and makes no argument that enforcement of the Act by suppressing the evidence is appropriate. The State raises these matters for the first time in its answer brief. Defendant’s reply brief responds to these issues only to argue that the State may not raise standing for the first time on appeal. We see no reason to address these questions.

{9} We do not further analyze this case as presented by the parties and interpret the statutory provision at issue, assuming without deciding that Defendant has an enforceable right under the statute that may be enforced by the exclusionary rule.

DISCUSSION

{10} We treat a district court’s ruling on a motion to suppress as a mixed question of fact and law, reviewing the factual findings for substantial evidence and reviewing legal conclusions de novo. State v. Garcia, 2005-NMSC-017, ¶ 27, 138 N.M. 1, 116 P.3d 72. Because resolution of this appeal only requires us to interpret the Act, the question is purely legal, and our review of the district court’s decision is de novo. See State v. Padilla, 2008-NMSC-006, ¶ 7, 143 N.M. 310, 176 P.3d 299.

{11} “The primary goal in interpreting a statute is to give effect to the Legislature’s intent.” State v. Davis, 2003-NMSC-022, ¶ 6, 134 N.M. 172, 74 P.3d 1064. Of course, we begin with the plain language of the statute to determine whether to enforce the statute as written. Padilla, 2008-NMSC-006, ¶ 7, 143 N.M. 310, 176 P.3d 299. “If the language of the statute is ‘doubtful [or] ambiguous, or an adherence to the literal use of the words would lead to injustice, absurdity, or contradiction,’ the court should reject the plain meaning rule in favor of construing the statute ‘according to its obvious spirit or reason.’ ” Id. (citation omitted); see State v. Smith, 2004-NMSC-032, ¶¶ 8,10, 136 N.M. 372, 98 P.3d 1022 (stating that not only is it our “ultimate goal ... to ascertain and give effect to the intent of the Legislature,” but the court will “reject[ ] a formalistic and mechanical statutory construction when the results would be ... contrary to the spirit of the statute” (Internal quotation marks and citation omitted)).

{12} Defendant’s challenge to Officer Gomez’s authority to pull him over is based on Section 29-7-6(B) which provides:

A person employed as a police officer by any law enforcement agency in this state shall forfeit his position unless, no later than twelve months after beginning his employment as a police officer, the person satisfies the qualifications for certification set forth in Subsection A of this section and is awarded a certificate attesting to that fact.

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Related

State v. Smith
2004 NMSC 032 (New Mexico Supreme Court, 2004)
State v. Garcia
2005 NMSC 017 (New Mexico Supreme Court, 2005)
State v. Davis
2003 NMSC 022 (New Mexico Supreme Court, 2003)
State v. Padilla
2008 NMSC 006 (New Mexico Supreme Court, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
2009 NMCA 091, 215 P.3d 85, 146 N.M. 776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-reyes-nmctapp-2009.