State v. Davis

OPINION

FRY, Judge.

{1} This case is before us on remand from our Supreme Court. See State v. Davis (Davis II), 2013-NMSC-028, ¶ 35, 304 P.3d 10. The Supreme Court upheld the district court’s determination that Defendant voluntarily consented to a search of his property. Id. ¶ 2. On remand, we conclude that Article II, Section 10 of the New Mexico Constitution provides greater protection than the Fourth Amendment to the United States Constitution when aerial surveillance of a person’s home is involved. W e further conclude that, under the New Mexico Constitution, the aerial surveillance in this…