State v. Gonzales

OPINION

VANZI, Judge.

{1} The knock and announce rule requires that officers entering a residence to execute a search or arrest warrant knock and announce their identity and purpose and then wait a reasonable time to determine whether consent to enter will be given. See State v. Vargas, 2008-NMSC-019, ¶ 9, 143 N.M. 692, 181 P.3d 684; State v. Attaway, 117 N.M. 141, 149-50, 870 P.2d 103, 111-12 (1994), modified on other grounds by State v. Lopez, 2005-NMSC-018, ¶¶ 13-20, 138 N.M. 9, 116 P.3d 80. After listening to an officer’s belt tape recording of the officers’ entry into the residence, the…