See 133 F.3d at 1360. In Chavez v. Martinez, No. CIV 07-1250 JB/LFG, 2008 WL 6045509 (D.N.M. Oct. 20, 2008)(Browning, J.), the Court considered whether the defendant, an officer, violated the plaintiff's Fourth and Fourteenth Amendment rights when the defendant went to the plaintiff's doctor's office to verify the dates on the plaintiff's doctor's note. See 2008 WL 6045509, at *1-2.
In Chavez v. Martinez, No. CIV 07–1250 JB/LFG, 2008 WL 6045509 (D.N.M. Oct. 20, 2008)(Browning, J.), the Court considered whether the defendant, an officer, violated the plaintiff's Fourth and Fourteenth Amendment rights when the defendant went to the plaintiff's doctor's office to verify the dates on the plaintiff's doctor's note. See2008 WL 6045509, at *1–2
See Tr. at 135:6-25 (Lowry). Mr. Lowry further argued that there is no implied waiver in this case, like there was in the Court's decision in Chavez v. Martinez, No. CIV 07-1250, 2008 WL 6045509, 2008 U.S. Dist. LEXIS 108932 (D.N.M. Oct. 20, 2008) (Browning, J.). See Tr. at 140:23-25 (Lowry).