State v. Moran

OPINION

ALARID, Judge.

{1} This case requires us to examine the scope of the “plain view exception” to the warrant requirement of the Fourth Amendment to the United States Constitution and article II, section 10 of the New Mexico Constitution. In the present case, law enforcement officers executing a coneededly valid warrant authorizing the search of Defendant’s home for evidence of criminal sexual penetration (CSP) called in a conservation officer to conduct an investigation into possible violations of game and fish laws. We reject the State’s argument that the conservation officer’s entry…