State v. Moore

OPINION

VIGIL, Judge.

{1} In this State’s appeal, we consider whether anhydrous ammonia leaking from the Defendant’s garage by itself provided exigent circumstances to justify a warrant-less entry into Defendant’s home, located in a separate building thirty to forty feet away. The district court found that it did not and suppressed all evidence seized from Defendant’s home. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

{2} Sergeant Clarence Gibson was patrolling in Estancia, New Mexico, when he smelled the odor of anhydrous ammonia, which he knew to be an ingredient used in the manufacture of…