State v. Vargas

{35} I respectfully dissent from the majority opinion. I agree with the majority that announcement is preferable. I also agree with the majority’s discussion of the history, importance, and purpose of the knock-and-announce rule, but I conclude that the ultimate test, reasonableness, was met in this case. The majority opinion appears to create a bright-line rule of announcement before officers make any entry beyond a doorway. But see, e.g., State v. Duran, 2005-NMSC-034, ¶ 34, 138 N.M. 414, 120 P.3d 836 (“Our case law has consistently disfavored a bright-line test in analyzing Fourth…