State v. Williams

Decision Date25 September 1992
Docket NumberNo. 12796,12796
Citation840 P.2d 1251,114 N.M. 485,1992 NMCA 106
CourtCourt of Appeals of New Mexico
PartiesSTATE of New Mexico, Plaintiff-Appellee, v. Leonard C. WILLIAMS, Defendant-Appellant.
OPINION

DONNELLY, Judge.

This case involves the legality of a search and seizure arising from the police entering Defendant's home to execute a search warrant without complying with New Mexico's "knock and announce" rule.

Defendant appeals his conviction of trafficking a controlled substance (heroin), following his entry of a plea of guilty pursuant to a plea and disposition agreement. Under the agreement, Defendant expressly reserved a right to appeal the denial of his motion to suppress. The sole issue presented on appeal is whether the district court erred in refusing to suppress evidence seized by law enforcement officers following a search of his residence. Reversed and remanded.

FACTS

Acting on information provided by a confidential informant indicating that Defendant was selling narcotics from a residence on Edith Boulevard in southeast Albuquerque, police obtained a search warrant to search the premises. The search warrant issued by the district court authorized a "no-knock" entry into the residence.

The search warrant obtained by police was executed on May 10, 1989, by Albuquerque City Police Officer Mike Garcia, accompanied by other law enforcement personnel. Following entry into the residence and a search of the building, officers found, among other things, seven packets of heroin allegedly belonging to Defendant. Defendant filed a motion to suppress the items seized by the police, alleging that the manner in which the search warrant was executed violated both state and federal constitutional guarantees against unreasonable searches and seizures.

At the hearing on the motion to suppress, the affidavit signed by Officer Garcia in support of the issuance of the search warrant was admitted into evidence. The affidavit set forth facts alleging probable cause for the issuance of the warrant and requested that the court authorize law enforcement officers to make a "no-knock" entry of the residence for the safety of the officers and to avoid the possibility that evidence might be destroyed. Garcia's affidavit also recited that, based upon his experience in investigating drug crimes, he had found that individuals engaged in the sale of controlled substances are usually armed with firearms to protect their drugs and money. The affidavit further stated that "[t]he [confidential] informant that made the controlled heroin purchases [from the residence] advised ... that the drugs would probably be flushed down the toilet if officers announced the warrant." Officer Garcia further testified that he had personally observed the residence for which the warrant was issued for approximately five days, and noticed a lot of people seemed to "hang out" both in the house and in the yard. He testified that, based on his prior experience, it appeared as though these people were "looking out for the police."

Officer Steve Rodriguez also testified at the motion hearing. He stated that the search warrant was executed at approximately 9:00 o'clock in the evening, that the house was surrounded by a six-foot high chain link fence, that the front gate to the yard was open when the officers arrived, and that as the officers entered the front yard they found four persons in the yard. He testified the SWAT team "nullifies" lookouts by attempting to get into the house "quickly" and "quietly." He stated the police identified themselves and announced their purpose to the individuals in front of the house and that the police continued to announce their authority and purpose as they approached the house. He also testified that when they reached the front door of the residence they found it open and they could see people inside the open doorway looking out at them. Rodriguez testified that the front screen door was closed but unlocked, and that they did not knock and did not request permission to enter but, instead, immediately walked into the front room of the residence with their weapons drawn.

Rodriguez also testified that as he approached the house he had eye contact with several of the persons who were inside the front door. When the police arrived, in addition to the individuals they encountered in the front yard, the police found ten other persons inside the residence. Defendant testified that he was in the kitchen when the officers arrived, that he never heard any announcement by the police that they were executing a search warrant as they entered the house, and that the first time he became aware of the presence of the officers was when he heard his daughter yell, "There's a man with a gun"; and that when he turned around an officer pointed a weapon at him, and hit and kicked him.

WAS THE SEARCH WARRANT VALIDLY EXECUTED?

Defendant argues that the failure of the police to pause and wait to be admitted or denied entry by the occupants of the residence, following the announcement by the officers of their purpose and authority, violates the "knock and announce" rule recognized by this court in State v. Baca, 87 N.M. 12, 528 P.2d 656 (Ct.App.1974). In Baca this court held that the police, when executing a search warrant, are required "prior to forcible entry, [to] give notice of [their] authority and purpose, and be denied admittance." Id. at 13, 528 P.2d at 657.

Justice Oman, writing for the supreme court in State v. Sanchez, 88 N.M. 402, 403, 540 P.2d 1291, 1292 (1975), quoted with approval the rule articulated in Baca, 87 N.M. at 13-14, 528 P.2d at 657-58 " 'that an officer [armed with a search warrant] prior to forcible entry, must give notice of authority and purpose, and be denied admittance,' " but recognized the exception noted in Baca that " '[n]oncompliance with this standard is justified if exigent circumstances exist.' " Sanchez also observed: "An exigent circumstance exists if, prior to entry, officers in good faith believe that the contraband, or other evidence, for which the search is to be made is about to be destroyed." 88 N.M. at 403, 540 P.2d at 1292.

Following the filing of the appeal in the instant case, this court, in State v. Gutierrez, 112 N.M. 774, 819 P.2d 1332 (Ct.App.1991), cert. granted, 114 N.M. 501, 841 P.2d 549 (1991), declined to approve a "good-faith" exception to the exclusionary rule, thereby precluding the use of evidence obtained by law enforcement officers in violation of the constitutional protections accorded against unreasonable searches and seizures under Article II, Section 10 of the New Mexico Constitution.

Defendant does not challenge the validity of the search warrant or claim that the search conducted by the officers exceeded the scope of the warrant; instead, he argues that the manner of entry by the officers was unlawful. Specifically, he argues that the failure of the police to knock prior to their entry and that the acts of the officers in opening the unlocked screen door and entering into the house, without waiting to be...

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6 cases
  • State v. Jean–Paul
    • United States
    • Court of Appeals of New Mexico
    • January 22, 2013
    ...have been observed by a home's occupants does not relieve them of the knock-and-announce requirement. See State v. Williams, 114 N.M. 485, 487–89, 840 P.2d 1251, 1253–55 (Ct.App.1992) (applying the knock-and-announce rule despite the fact that the occupants of a home made eye contact with m......
  • State v. Hodge
    • United States
    • New Mexico Supreme Court
    • August 23, 1994
    ...Anderson, 115 N.M. 433, 434, 853 P.2d 135, 136 (Ct.App.), cert. granted, 115 N.M. 145, 848 P.2d 531 (1993); State v. Williams, 114 N.M. 485, 486, 840 P.2d 1251, 1252 (Ct.App.1992); State v. Sutton, 112 N.M. 449, 450, 816 P.2d 518, 519 (Ct.App.), cert. denied, 112 N.M. 308, 815 P.2d 161 (199......
  • State v. Rogers
    • United States
    • Court of Appeals of New Mexico
    • August 25, 1993
    ...and purpose, and must wait a reasonable time to be admitted or denied permission prior to forced entry. State v. Williams, 114 N.M. 485, 487, 840 P.2d 1251, 1253 (Ct.App.1992). The use of a passkey is the legal equivalent of a breaking and entering and requires justification in the absence ......
  • State v. Ogden
    • United States
    • Vermont Supreme Court
    • November 5, 1993
    ... ... Rivera v. United States, 928 F.2d 592, 606 (2d Cir.1991); Beshears v. State, 593 So.2d 174, 175 (Ala.Crim.App.1991); People v. Condon, 148 Ill.2d 96, 170 Ill.Dec. 271, 274, 592 N.E.2d 951, 954 (1992); State v. Thompson, 132 N.H. 730, 571 A.2d 266, 268 (1990); State v. Williams, 114 N.M. 485, 840 P.2d 1251, 1254 (Ct.App.1992); Commonwealth v. Bull, 422 Pa.Super. 67, 618 A.2d 1019, 1022 (1993); State v. Moss, 172 Wis.2d 110, 492 N.W.2d 627, 630 (1992), cert. denied, 507 U.S. 977, 113 S.Ct. 1428, 122 L.Ed.2d 796 (1993). Furthermore, the permissible degree of departure ... ...
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