State v. Granville

OPINION

CASTILLO, Judge.

{1} This ease deals with the sufficiency of a search warrant. The determining question, however, is whether Article II, Section 10, of the New Mexico Constitution prohibits the warrantless search of an individual’s garbage bags placed in trash containers located in an alley behind a residence. Because we conclude that existing precedent and New Mexico’s distinct characteristics support an expectation of privacy in one’s refuse put out for collection, we depart from federal Fourth Amendment jurisprudence and hold that Article II, Section 10, precludes the warrantless…