State v. Vargas

2008 NMSC 019, 181 P.3d 684, 143 N.M. 692
CourtNew Mexico Supreme Court
DecidedMarch 18, 2008
Docket30,131
StatusPublished
Cited by65 cases

This text of 2008 NMSC 019 (State v. Vargas) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Vargas, 2008 NMSC 019, 181 P.3d 684, 143 N.M. 692 (N.M. 2008).

Opinion

OPINION

SERNA, Justice.

{1} Defendant Peter Vargas was indicted on charges of trafficking (by possession with intent to distribute), possession of drug paraphernalia, and possession of marijuana. He moved to suppress the evidence against him on the ground that the police officers serving his arrest warrant had violated the knock- and-announce rule, unlawfully entered his apartment, and violated his constitutional rights. The district court denied the motion, and Defendant appealed. A majority of the Court of Appeals reversed, concluding that the search was unreasonable because no circumstances existed to justify the officers’ noncomplianee with the knock-and-announce rule. State v. Vargas, 2007-NMCA-006, 140 N.M. 864, 149 P.3d 961. Based on the totality of the circumstances, we hold that the search was reasonable because Defendant recognized the officers prior to their knocking and announcing, and therefore the futility exception to the knock-and-announce rule justified the officers’ noncompliance.

I. BACKGROUND

{2} On December 3, 2002, the Las Cruces police dispatch sent two groups of officers to arrest Defendant pursuant to a bench warrant. One group of officers went to a residence listed as Defendant’s primary address; Officers Robert Elrick (Elrick) and Frank Flores (Flores) went to an apartment listed as Defendant’s secondary address. While Elrick and Flores were en route, other unidentified officers informed them that the case might involve drugs and that Defendant might fight them.

{3} The two officers, both dressed in uniform, positioned themselves on either side of the apartment’s front door and waited for a few moments, listening for signs of activity within. After hearing a male voice, Elrick reached over to knock on the door. Before he could knock, however, Defendant opened the door and encountered the officers. Elrick noticed that Defendant matched the general description of the subject of the warrant. Elrick asked, “Hey bro’, how ya doing?” In response, Defendant exclaimed, “Oh shit!,” and attempted to close the door. The officers reacted immediately by trying to keep the door open. Both Elrick and Flores placed a foot in the doorway to prevent Defendant from closing the door, and Flores said, “Don’t close the door, don’t close the door.”

{4} Despite Flores’ command, Defendant persisted in his attempt to shut the officers out of his home. During the struggle at the door, Flores saw Defendant throw something inside the apartment and heard a loud thump as it fell to the floor. The thump sounded like something of significant weight had hit the ground, which caused Flores to become concerned that a weapon might be loose in the apartment and that someone else might be inside who could retrieve it. Both Elrick and Flores later testified that Defendant’s actions made them fear for their safety because they believed that if Defendant could close the door, he might arm himself or try to escape.

{5} After a few moments of struggle, Defendant released the door. Flores told Defendant to back up, which he did, and both officers entered the apartment. Once inside the apartment, Flores obtained information from Defendant and confirmed that he was in fact the subject of the warrant, while Elrick searched for the object that Defendant had discarded. Elrick believed that he would find an unsecured weapon, but instead found a Crown Royal bag in the area where Flores had seen Defendant throw the unknown object. Upon picking up the bag, he saw what appeared to be marijuana in the opening and felt a solid, square-shaped item within, which he thought might be a weapon. His subsequent search of the bag produced marijuana, cocaine, and an electronic scale.

{6} Defendant was arrested pursuant to the warrant and subsequently charged with trafficking (by possession with intent to distribute), possession of drug paraphernalia, and possession of marijuana based on the marijuana, cocaine, and scale. He filed a motion to suppress the evidence, claiming that the police had violated his constitutional rights when they did not comply with the knock-and-announce rule and unlawfully entered his apartment. The district court denied the motion, concluding that “[d]ue to the particular facts of this case, it would be inappropriate and unsafe to require the officers to allow the door to be shut and then knock and announce their presence and purpose.” Defendant pled guilty to the trafficking charge and reserved his right to appeal the suppression issue. He appealed, and a divided panel of the Court of Appeals reversed. Vargas, 2007-NMCA-006, 140 N.M. 864, 149 P.3d 961. In dissent, Judge Wechsler argued to uphold the district court’s ruling because “the ultimate test, reasonableness, was met in this case.” Id. ¶ 35 (Wechsler, J., dissenting). He explained that “the officers’ conduct was justified” because compliance with the rule “would have protected no legitimate interest of Defendant” and would have unreasonably “requirefd] [the] officers to follow futile procedures.” Id. ¶ 48. We granted certiorari and now reverse the majority, agreeing with Judge Wechsler and holding that the officers in this case were justified in dispensing with the knock-and-announce rule because compliance would have been futile under the circumstances.

11. STANDARD OF REVIEW AND PRESERVATION

{7} In a recent knock-and-announce case, we explained:

The standard of review for suppression rulings is whether the law was correctly applied to the facts, viewing them in a manner most favorable to the prevailing party. We review the district court’s purely factual assessments to determine if the fact-finder’s conclusion is supported in the record by substantial evidence. Then, while deferring to the [district] court with respect to factual findings and indulging all reasonable inferences in support of the [district] court’s decision, we review the constitutional question of the reasonableness of a search and seizure de novo.

State v. Hand, 2008-NMSC-014, ¶ 6, 143 N.M. 530, 178 P.3d 165 (quoted authorities omitted).

{8} Defendant contends that the State did not preserve its futility argument at the district court, and thus that we should not rely on it in deciding this ease. Under the “right for any reason” doctrine, “we may affirm the district court’s order on grounds not relied upon by the district court if those grounds do not require us to look beyond the factual allegations that were raised and considered below.” State v. Wasson, 1998-NMCA-087, ¶ 16, 125 N.M. 656, 964 P.2d 820; see also State v. Gomez, 2003-NMSC-012, ¶ 7, 133 N.M. 763, 70 P.3d 753. The record shows that the factual allegations underlying the futility argument were both raised and considered below, and therefore, regardless of whether the State preserved its futility argument, we are not precluded from relying on it to uphold the district court’s ruling.

III. THE FUTILITY EXCEPTION JUSTIFIED DISPENSING WITH THE KNOCK-AND-ANNOUNCE RULE

{9} As a threshold matter, we recognize that this Court has routinely applied the knock-and-announce rule in search warrant cases, see, e.g., id., but has never analyzed it in an arrest warrant context.

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Cite This Page — Counsel Stack

Bluebook (online)
2008 NMSC 019, 181 P.3d 684, 143 N.M. 692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-vargas-nm-2008.