State v. Quintana

I dissent.

A. The search warrant should be quashed because the items seized were not described in the warrant.

The search warrant provides for the search for and seizure of “any and all controlled substances which may be kept there [headquarters of the El Vicio Methadone Maintenance Program Organization] contrary to law.”

This description violates the Fourth Amendment to the Constitution of the United States and Article II, Section 10 of the New Mexico Constitution. This is a matter of first impression in New Mexico.

The Fourth Amendment reads in pertinent part:. . . [N]o Warrants shall issue,…