AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• A detective from the Albuquerque Police Department’s Special Investigation Division, Eastside Narcotics Unit, observed an unwitting informant purchase crack cocaine from an apartment. Based on this observation and additional information provided by the informant, the detective submitted an affidavit for a search warrant, which was granted. Upon executing the search warrant, law enforcement encountered Justin Roberts and Nadine Perea, seized contraband, and charged them with drug-related crimes.

Procedural History

• District Court of Bernalillo County, Ross C. Sanchez, District Judge: Granted Defendants’ motion to suppress evidence seized as a result of the search warrant, finding the affidavit did not provide a sufficient basis for probable cause.

Parties' Submissions

• Plaintiff-Appellant (State of New Mexico): Argued that the affidavit for the search warrant contained sufficient facts for the issuing judge to find probable cause based on the detective’s personal observation and because the facts were not stale.
• Defendant-Appellee (Justin Roberts and Nadine Perea): Argued that the affidavit for the search warrant did not provide sufficient factual information for the issuing judge to make a determination that probable cause existed for the search of the apartment.

Legal Issues

• Whether the affidavit submitted in support of the search warrant contained sufficient facts for the issuing judge to find probable cause.
• Whether the information in the affidavit was stale, thus not providing a substantial basis for the issuing judge to determine probable cause for the search warrant.

Disposition

• The Court of Appeals reversed the district court’s order granting Defendants’ motion to suppress the evidence obtained as a result of the search warrant and remanded the case to the district court for further proceedings.

Reasons

• Per LINDA M. VANZI, Judge (TIMOTHY L. GARCIA, Judge, J. MILES HANISEE, Judge concurring):
  The Court found that the affidavit provided a substantial basis for the issuing judge to find probable cause, emphasizing the detective’s direct observation of the drug transaction and the informant’s information about ongoing drug sales at the apartment.
  The Court applied a "substantial basis" standard for reviewing the issuing judge's determination of probable cause, focusing on whether the affidavit as a whole provided a substantial basis to support a finding of probable cause.
  The Court distinguished this case from others where information was deemed stale, noting the permanent nature of the residence searched and the direct observation of drug purchase activity by the detective, concluding that the lapse of seventy-two hours did not render the information stale.
  The Court disagreed with the district court’s substitution of its judgment for that of the issuing judge and highlighted the importance of deferring to the issuing judge’s probable cause determination when the affidavit provides a substantial basis for such a finding.