Tag Archives: Search & Seizure

NMCA: Officer’s tap on car window was not a seizure

by Emil J. Kiehne Posted on January 23, 2019

Jennifer Simpson parked her car in a lot at a city park at 11:00 p.m. and turned off the car’s lights. A police officer saw this and believed her actions were suspicious because the park had closed an hour earlier … Continue reading →

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10th Circuit: Magistrate in one district can’t authorize search in another

by Emil J. Kiehne Posted on November 11, 2015

Federal agents suspected Zachary Krueger, who lived in Kansas, of distributing child pornography on the internet. They obtained a warrant from a magistrate judge in Kanasas for his home, but discovered that neither he nor his computer was at home. His roommate … Continue reading →

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Prof. Volokh on the New Mexico aerial surveillance decision

by Emil J. Kiehne Posted on October 21, 2015

As a follow-up to yesterday’s post about the New Mexico Supreme Court’s decision in State v. Norman Davis, which held that aerial surveillance by helicopter without a warrant can violate the Fourth Amendment, I thought you might be interested in … Continue reading →

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NM Supreme Court: Aerial surveillance without warrant violates 4th Amendment

by Emil J. Kiehne Posted on October 20, 2015

Yesterday, the New Mexico Supreme Court issued its opinion in the closely-watched case of State v. Norman Davis. The case began in 2006, when a police helicopter spotted marijuana plants in a greenhouse owned by Mr. Davis in Taos County. … Continue reading →

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NM Supreme Court upholds warrantless arrest of shoplifting suspect

by Emil J. Kiehne Posted on September 14, 2015

Last week the New Mexico Supreme Court, in an opinion by Justice Bosson, upheld the warrantless arrest of a shoplifting suspect in State v. Paananen. Scott Sandlin of the Albuquerque Journal has this story about the decision.

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NM Supreme Court hears case on aerial search with implications for drones

by Emil J. Kiehne Posted on January 16, 2015

The New Mexico Supreme Court held oral argument earlier this week in the case of State v. Norman Davis, which asks whether aerial surveillance by police constitutes a search requiring a warrant. The Las Cruces-Sun News has published this account of … Continue reading →

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Electronic Privacy Information Center files amicus brief asking NM Supreme Court to limit aerial surveillance

by Emil J. Kiehne Posted on December 12, 2014

Earlier this year I wrote about the Court of Appeals’ decision in State v. Davis, which held that under the New Mexico Constitution, aerial surveillance by police constitutes a search requiring a warrant, or an exception to the warrant requirement. … Continue reading →

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New Mexico Court of Appeals holds that aerial surveillance by police constitutes a search requiring a warrant

by Emil J. Kiehne Posted on January 20, 2014

In an age when people are increasingly concerned about government’s use of various forms technology to spy on them, the Court of Appeals has signaled that there will be limits to police use of such technology. Last week, in an important expansion … Continue reading →

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Telephonic approval of search warrants okay in New Mexico

by Emil J. Kiehne Posted on June 10, 2013

The New Mexico Constitution does not prohibit law enforcement officers from obtaining telephonic approval of search warrants. So the New Mexico Supreme Court held in State v. Boyse. Law enforcement officers went to Defendants’ property to investigate a report of a … Continue reading →

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