AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• A detective received information from a confidential informant that the Defendant's boyfriend, Raymondo Maso, was selling cocaine from their shared apartment. The informant claimed to have purchased cocaine from Maso and provided details of Maso's vehicles. The detective observed Maso engaging in what appeared to be a drug transaction. Based on this information, a search warrant was issued for the apartment, leading to the discovery of evidence related to drug trafficking.

Procedural History

• District Court of Bernalillo County, Neil C. Candelaria, District Judge: Suppressed evidence of drug trafficking found in Defendant's apartment due to insufficient specific facts to establish probable cause for the issuance of a search warrant.

Parties' Submissions

• Plaintiff-Appellant (State): Argued that the warrant had a substantial basis to support a finding of probable cause and that the district court’s suppression order should be reversed.
• Defendant-Appellee (Sara Gonzales): [Not applicable or not found]

Legal Issues

• Whether the affidavit provided a substantial basis to support a finding of probable cause for the issuance of a search warrant under the Fourth and Fourteenth Amendments of the United States Constitution and under Article II, Sections 10 and 18 of the New Mexico Constitution.

Disposition

• The Court of Appeals affirmed the district court's suppression order, holding that there was not a substantial basis to support a finding of probable cause.

Reasons

• RODERICK T. KENNEDY, Judge (TIMOTHY L. GARCIA, Judge concurring): Concluded that the affidavit did not provide a substantial basis for a finding of probable cause. The informant’s statement lacked a sufficient basis of knowledge, and the detective’s observations did not create a reasonable inference of cocaine in the apartment. The affidavit failed to meet the Aguilar/Spinelli test's basis of knowledge prong, and the detective's observations led to speculation rather than a substantial basis for probable cause.
  JAMES J. WECHSLER, Judge (dissenting): Argued that the affidavit provided a substantial basis for probable cause, emphasizing the informant's detailed knowledge of the drug operation and the detective's observations. Advocated for deference to the original judge's determination of probable cause, suggesting that the combined information from the informant and the detective was sufficient to infer that the apartment contained drugs.