State v. Crane

OPINION

FRY, Judge.

{1} The State appeals the district court’s order suppressing evidence discovered by the warrantless search of sealed garbage bags left for collection in a motel dumpster. We consider whether we should extend State v. Granville, 2006-NMCA-098, 140 N-M. 345, 142 P.3d 933, in which this Court recognized an individual’s right to privacy in sealed garbage left for collection in an alley behind a single-family home. We are not persuaded by the State’s attempts to distinguish the expectation of privacy held by a motel guest who places garbage in a motel dumpster from the…