State v. Granville

1 This case deals with the sufficiency of a search warrant. The determining question, however, is whether Article II, Section 10, of the New Mexico Constitution prohibits the warrantless search of an individuals garbage bags placed in trash containers located in an alley behind a residence. Because we conclude that existing precedent and New Mexicos distinct characteristics support an expectation of privacy in ones refuse put out for collection, we depart from federal Fourth Amendment jurisprudence and hold that Article II, Section 10, precludes the warrantless search of garbage in these circumstances. Accordingly, we affirm the trial court.