State v. Davis

OPINION

VIGIL, Chief Judge.

{1} The issue in this case is whether the warrantless search of Defendant’s backpack was permissible under the inventory search exception to the warrant requirement. We conclude it was not and reverse the order of the district court, which denied Defendant’s motion to suppress.

I. BACKGROUND

{2} Defendant moved the district court to suppress evidence seized in a warrantless search of his backpack, arguing that the search was per se unreasonable under the Fourth Amendment of the United States Constitution and Article II, Section 10 of the New Mexico Constitution. The…