State v. Wisdom

800 P.2d 206, 110 N.M. 772
CourtNew Mexico Court of Appeals
DecidedAugust 28, 1990
Docket12005
StatusPublished
Cited by18 cases

This text of 800 P.2d 206 (State v. Wisdom) 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. Wisdom, 800 P.2d 206, 110 N.M. 772 (N.M. Ct. App. 1990).

Opinions

OPINION

DONNELLY, Judge.

The state appeals from an order of the district court suppressing evidence obtained pursuant to multiple search warrants. The single issue raised on appeal is whether the district court erred in granting the motion to suppress. We reverse.

Defendant was charged with multiple counts of possession of controlled substances; receiving, retaining or disposing of stolen property; and possession of firearms by a felon. He moved to suppress the evidence obtained by police during separate searches conducted pursuant to five different search warrants. It is undisputed that the third, fourth, and fifth search warrants were issued pursuant to information obtained incident to the execution of the first and second warrants and that the affidavits in support of the issuance of the first and second search warrants contained the same identical facts.

Defendant’s motion to suppress attacked the sufficiency of the affidavits submitted to obtain the search warrants on the ground that the facts in the affidavits did not establish probable cause. See N.M. Const, art. II, § 10; SCRA 1986, 5-211(E); State v. Cordova, 109 N.M. 211, 784 P.2d 30 (1989). Specifically, defendant argued that the affidavits, which were based in part on hearsay provided by unnamed informants, were deficient because they did not inform the issuing magistrate “of some of the underlying circumstances from which the informant concluded that [the facts were as] he claimed they were, and some of the underlying circumstances from which the officer concluded that the informant * * * was ‘credible’ or his information ‘reliable.’” State v. Cordova, 109 N.M. at 213, 784 P.2d at 32 (quoting Aguilar v. Texas, 378 U.S. 108, 114, 84 S.Ct. 1509, 1514, 12 L.Ed.2d 723 (1964)). The district court agreed and suppressed all the evidence seized pursuant to the warrants, except a scale.

The state contends that the question of whether probable cause existed for the issuance of the warrants constitutes a question of law, and thus this court is not required to defer to the determination of the district court. Defendant, however, contends that the issues in this case are purely factual and this court is required to affirm the district court’s ruling if it is supported by substantial evidence in the record. Defendant relies on State v. Lopez, 109 N.M. 169, 783 P.2d 479 (Ct.App.1989). In this case, however, both the district court and this court are engaged in the same exercise: a review of the sufficiency of the affidavits submitted to the magistrate court judge in support of the affidavits in question. Under these circumstances, both the district court and this court must give those affidavits a common sense reading and determine whether the magistrate court judge was entitled to find probable cause. See State v. Snedeker, 99 N.M. 286, 657 P.2d 613 (1982). Based upon a review of the affidavits in question, it is clear that the issues presented in reviewing these affidavits involve legal rather than factual issues.

New Mexico Constitution article II, Section 10, provides, in part, that “[n]o warrant * * * shall issue * * * without a written showing of probable cause, supported by oath or affirmation.” Probable cause requires a showing of the existence of facts which would lead a judge or magistrate, acting in a neutral capacity and as a prudent person, to reasonably believe that evidence relating to the commission of a crime exists on the premises requested to be searched. State v. Donaldson, 100 N.M. 111, 666 P.2d 1258 (Ct.App.1983).

The substantial evidence standard of review is used to review factual determinations of the trial courts. State v. Lopez. Under this standard of review, the reviewing court views the evidence in the light most favorable to the initial factual determination, resolving all conflicts in the evidence and indulging all inferences in favor of the trial court’s factual determination. Id.; see also State v. Lankford, 92 N.M. 1, 582 P.2d 378 (1978). This standard of review recognizes that the determination of facts frequently necessitates drawing inferences from the facts presented and determining the credibility of witnesses. See State v. Anderson, 107 N.M. 165, 754 P.2d 542 (Ct.App.1988). However, a reviewing court is not bound by a lower court’s conclusions of law. Boone v. State, 105 N.M. 223, 731 P.2d 366 (1986). See also Martinez v. Martinez, 93 N.M. 673, 604 P.2d 366 (1979).

In this case, the initial factual determination underlying the issuance of the several search warrants was made by the magistrate court based upon the affidavits submitted by law enforcement officials. Thus, the district court, like this court, acted as a reviewing court and is required to defer to factual determinations made by the magistrate. Here, the parties agree that the only facts the magistrate could consider were the facts contained in the affidavits, therefore, the matters contained in the affidavits are the controlling facts on appeal. See Aguilar v. Texas; State v. Duran, 90 N.M. 741, 568 P.2d 267 (Ct.App.1977). Under the record herein, the only factual issues incident to this appeal involve those inferences which the issuing magistrate may reasonably draw from the facts set out in the affidavits. See State v. Cordova, 109 N.M. at 218, 784 P.2d at 37. In reviewing the sufficiency of an affidavit for issuance of a search warrant, the determination of probable cause by the issuing magistrate is entitled to deference. Id.; State v. Snedeker. See also State v. Cervantes, 92 N.M. 643, 593 P.2d 478 (Ct.App.1979). Cf. State v. Bowers, 87 N.M. 74, 529 P.2d 300 (Ct.App.1974) (listing the standards for the sufficiency of search warrants). However, the ultimate question of whether the contents of the affidavit are sufficient is a conclusion of law. Cf. Ulibarri v. Maestas, 74 N.M. 516, 395 P.2d 238 (1964) (question of probable cause for arrest without warrant is a question of law); State v. Anderson (question of probable cause to search without a warrant is question of law); State v. Marquez, 103 N.M. 265, 705 P.2d 170 (Ct.App.1985) (probable cause to arrest without warrant is question of law).

Both the district court in ruling on a motion to suppress and this court on appeal conduct the same type of review of an affidavit in support of a search warrant issued by the magistrate court. As observed in Snedeker:

When reviewing affidavits in support of search warrants, a magistrate, and an appellate court, must consider the affidavit as a whole.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Mata
New Mexico Court of Appeals, 2011
State v. Perez
New Mexico Court of Appeals, 2010
State v. Williamson
212 P.3d 376 (New Mexico Supreme Court, 2009)
State v. Gonzales
2003 NMCA 008 (New Mexico Court of Appeals, 2003)
State v. Steinzig
1999 NMCA 107 (New Mexico Court of Appeals, 1999)
In Re Shon Daniel K.
1998 NMCA 069 (New Mexico Court of Appeals, 1998)
State v. Jones
1998 NMCA 076 (New Mexico Court of Appeals, 1998)
State v. Pargas
1997 NMCA 110 (New Mexico Court of Appeals, 1997)
State v. Lovato
879 P.2d 787 (New Mexico Court of Appeals, 1994)
State v. Barker
844 P.2d 839 (New Mexico Court of Appeals, 1992)
State v. Montoya
836 P.2d 667 (New Mexico Court of Appeals, 1992)
State v. Ortega
836 P.2d 639 (New Mexico Court of Appeals, 1992)
State v. Gibson
828 P.2d 980 (New Mexico Court of Appeals, 1992)
State v. Wisdom
800 P.2d 206 (New Mexico Court of Appeals, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
800 P.2d 206, 110 N.M. 772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wisdom-nmctapp-1990.