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NM: Anhydrous ammonia leak is PC but not exigency to dispense with warrant

By John Wesley Hall, Jr.

Annhydrous ammonia leak is not exigent circumstances for a warrantless entry into defendant's garage. State v. Moore, 2008 NMCA 56, 2008 N.M. App. LEXIS 25 (March 19, 2008): [*14] Our cases therefore establish that mere probable cause that a methamphetamine lab exists is not per se an exigent circumstance that will justify a warrantless entry into a home. Police officers must still have knowledge of specific, articulable facts that demonstrate that immediate action is necessary "to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence." Copeland, 105 N.M. at 31, 727 P.2d at 1346; see State v. Duffy, 1998 NMSC 14, P 70, 126 N.M. 132, 967 P.2d 807 ("[T]he presence of exigent circumstances must be supported by specific articulable facts...continue to full post

Full post as published by Fourth Amendment on May 08, 2008 (boomark / email).