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State v. Gonzales

133 N.M. 158 (N.M. Ct. App. 2003)
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State v. Gonzales

21 Citing cases

  1. State v. Williamson

    146 N.M. 488 (N.M. 2009)   Cited 59 times
    Holding that, where a search warrant is obtained, "[o]ur review is limited to the four corners of the search warrant affidavit"

    Defendant claims that, because this Court and the Court of Appeals previously have reviewed the sufficiency of search warrant affidavits de novo, the appellate courts of this state have adopted the de novo standard of review as a matter of state law. See, e.g., Nyce, 2006-NMSC-026, ¶ 8, 139 N.M. 647, 137 P.3d 587; State v. Gonzales, 2003-NMCA-008, ¶ 13, 133 N.M. 158, 61 P.3d 867. The State responds that, although there is "confusion surrounding the proper standard of review for warrants in New Mexico," deference must be afforded to the issuing court's determination of probable cause in order to effectuate the State's strong preference in favor of the warrant process.

  2. State v. Nyce

    139 N.M. 647 (N.M. 2006)   Cited 25 times
    Holding that the defendant's hurriedly purchasing iodine at one store and then hydrogen peroxide at another may have raised police suspicions about possible methamphetamine production but did not amount to probable cause

    However, we review the affidavit as the district court did, without the stale information concerning Cook's prior behavior and Cook and Defendant's former association with alleged methamphetamine manufacturers. See State v. Gonzales, 2003-NMCA-008, ¶ 13, 133 N.M. 158, 61 P.3d 867. DISCUSSION

  3. State v. Dietrich

    145 N.M. 733 (N.M. Ct. App. 2009)   Cited 32 times
    Holding that preserved Crawford issues are analyzed for harmless error

    This Court conducts the same review as the district court. State v. Gonzales, 2003-NMCA-008, ¶ 13, 133 N.M. 158, 61 P.3d 867. We limit our review to the contents of the affidavit and apply a commonsense reading, considering the document as a whole "to determine whether the issuing judge made an . . . independent determination of probable cause based on sufficient facts."

  4. State v. Hinahara

    142 N.M. 475 (N.M. Ct. App. 2007)   Cited 8 times
    In Hinahara, the defendant was charged with multiple counts of sexual exploitation of a minor and aggravated assault against a household member.

    All of the items sought in the warrant were potentially connected with the assault and the child pornography described in the affidavit. See State v. Gonzales, 2003-NMCA-008, ¶ 34, 133 N.M. 158, 61 P.3d 867 (finding the search warrant sufficiently particular where all the items sought were potentially connected with the assault described in the affidavit); State v. Steinzig, 1999-NMCA-107, ¶ 39, 127 N.M. 752, 987 P.2d 409 (finding the search warrant sufficiently particular where the items described in the warrant were specifically related to the counterfeiting activity at defendant's home). We believe that these descriptions were sufficiently particular to instruct officers as to what items were to be seized from Defendant's residence.

  5. State v. Evans

    146 N.M. 319 (N.M. 2009)   Cited 45 times
    Rejecting a claim that a confession should have been suppressed in light of the defendant's alleged methamphetamine use, despite the "disjointed and rambling quality" to some of the defendant's "long and, at times, nonsensical responses," where the district court "viewed with skepticism [the d]efendant's claims" and after a full hearing, where there was "no indication in the record that the law enforcement officers who interrogated [the d]efendant were aware of his purportedly vulnerable mental state," and where the district court ultimately determined after a full evidentiary hearing that the defendant "was in full control of his faculties" when the interviews took place

    Katz v. United States, 389 U.S. 347, 357, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967). Probable cause to search a specific location exists when there are reasonable grounds to believe that a crime has been committed in that place, or that evidence of a crime will be found there. See State v. Gonzales, 2003-NMCA-008, ¶¶ 11-12, 133 N.M. 158, 61 P.3d 867. {11} Put another way, before a valid search warrant may issue, the affidavit must show: "(1) that the items sought to be seized are evidence of a crime; and (2) that the criminal evidence sought is located at the place to be searched."

  6. State v. Chavez

    535 P.3d 736 (N.M. Ct. App. 2023)   Cited 2 times

    We have specified that a magistrate court may issue a search warrant when "sufficient facts are presented in a sworn affidavit to enable the magistrate to make an informed, deliberate, and independent determination that probable cause exists." State v. Gonzales , 2003-NMCA-008, ¶ 11, 133 N.M. 158, 61 P.3d 867, abrogated on other grounds by State v. Williamson , 2009-NMSC-039, ¶ 29, 146 N.M. 488, 212 P.3d 376. {23} No case or rule in New Mexico is directly on point to help guide us in resolving this issue.

  7. State v. Castillo

    535 P.3d 697 (N.M. Ct. App. 2023)   Cited 2 times

    The warrant explicitly sought Defendant's cell phone and the data stored on the cell phone—items specifically connected with the crimes described in the affidavit. See State v. Gonzales , 2003-NMCA-008, ¶ 34, 133 N.M. 158, 61 P.3d 867 (holding that the description in the search warrant was sufficiently particular when the items sought "were potentially connected to the instrumentality of the assault described in the affidavit"), abrogated on other grounds by Williamson , 2009-NMSC-039, ¶ 29, 146 N.M. 488, 212 P.3d 376. A commonsense reading of the warrant and the accompanying affidavit would lead executing officers to search for Defendant's phone as well as images of the sexual encounters described in the affidavit and text messages Defendant sent to Female 1.

  8. State v. Garcia

    No. A-1-CA-38126 (N.M. Ct. App. May. 17, 2023)

    " State v. Gonzales, 2003-NMCA-008, ¶ 14, 133 N.M. 158, 61 P.3d 867.

  9. State v. Bierner

    No. A-1-CA-38998 (N.M. Ct. App. Nov. 30, 2022)

    , 2003-NMCA-008, ¶ 11, 133 N.M. 158, 61 P.3d 867, abrogated on other grounds by Williamson, 2009-NMSC-039, ¶ 29.

  10. State v. Henz

    514 P.3d 1 (N.M. Ct. App. 2022)   Cited 2 times
    In Henz, the New Mexico Court of Appeals recently discussed several decisions from courts in other states and concluded: "We agree with the above jurisdictions that have determined providers like Tumblr and Google [(i.e., the service providers in that case)] to be credible sources who, by first-hand knowledge, gather their reported information regarding the transmission or receipt of child pornography in a reliable fashion, and adopt those jurisdictions’ reasoning here."

    A search warrant may be issued when "sufficient facts are presented in a sworn affidavit to enable the [issuing court] to make an informed, deliberate, and independent determination that probable cause exists." State v. Gonzales , 2003-NMCA-008, ¶ 11, 133 N.M. 158, 61 P.3d 867, abrogated on other grounds by State v. Williamson , 2009-NMSC-039, ¶ 29, 146 N.M. 488, 212 P.3d 376. The issuing court "must have sufficient facts upon which to conclude that there is a reasonable probability that evidence of a crime will be found in the place to be searched." Id. ¶ 12.