State v. Ortiz

                                                                 Office of the         New Mexico
                                                                     Director          Compilation
                                                                                       Commission
                                                         11:01:59 2023.12.08
                                                                       '00'07-
             IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

Opinion Number: 

Filing Date: September 18, 2023

No. S-1-SC-37277

STATE OF NEW MEXICO,

       Plaintiff-Petitioner,

v.

KAYLEE R. ORTIZ,

       Defendant-Respondent.

ORIGINAL PROCEEDING ON CERTIORARI
Fred Van Soelen, District Judge

Hector H. Balderas, Attorney General
Walter M. Hart, III, Assistant Attorney General
Santa Fe, NM

for Petitioner

Bennett J. Baur, Chief Public Defender
Nina Lalevic, Assistant Appellate Defender
Santa Fe, NM

for Respondent

                                          OPINION

VARGAS, Justice.

{1}    It is always the State’s burden to produce specific evidence to demonstrate the
reasonableness of a warrantless search. This case exemplifies the importance of
making a sufficient record to support both the reasoning justifying a warrantless search,
as well as judicial notice of adjudicative facts pursuant to Rule 11-201 NMRA relied
upon to support such a search.

{2}   The State filed its petition for writ of certiorari following the Court of Appeals’
reversal of Defendant Kaylee R. Ortiz’s conviction for possession of a controlled
substance, contrary to NMSA 1978, Section 30-31-23(E) (2011, amended 2021),
concluding that the district court erred when it denied Defendant’s motion to suppress.
See State v. Ortiz, A-1-CA-34703, mem. op. ¶ 1 (N.M. Ct. App. Sept. 10, 2018)
(nonprecedential). Because we agree with the Court of Appeals that the State failed to
meet its burden to establish the reasonableness of the warrantless search of
Defendant’s purse, we affirm the Court of Appeals. We nonetheless take this
opportunity to remind the State and the district courts of their obligations to make a
sufficient record when considering the propriety of warrantless searches and when
taking judicial notice under Rule 11-201.

I.    BACKGROUND

{3}     Clovis Police Officers James Gurule and Jonathan Howard went to the house
where Defendant was known to stay to execute an arrest warrant for criminal trespass.
Upon arriving, the officers saw Defendant in an alley behind her house with a purse
hanging over her shoulder. The officers made contact with Defendant and informed her
that they had a warrant for her arrest, at which point Officer Gurule placed Defendant in
handcuffs and arrested her. Officer Howard took possession of Defendant’s purse and
searched it, locating a small knife and two flashlights that appeared identical, except
that one was lighter than the other and the lighter flashlight did not work. He opened the
lighter flashlight and found a small plastic baggie inside containing a substance that was
later identified to be .14 grams of methamphetamine. Defendant was subsequently
charged with one count of possession of a controlled substance.

A.    District Court

{4}     Prior to trial, Defendant filed a motion to suppress, arguing that all controlled
substances seized and statements made by Defendant when she was arrested were
the result of a warrantless, illegal search and seizure. At the hearing on Defendant’s
motion to suppress, the State argued that the search of Defendant’s purse and
flashlights was a search incident to a lawful arrest, relying on the testimony of Officer
Howard. The district court agreed with the State and denied Defendant’s motion to
suppress, concluding that the search was a proper search incident to arrest. The district
court also sua sponte concluded that even if the search was not a proper search
incident to arrest, the purse would have been inevitably searched and the
methamphetamine discovered at the jail, and it denied Defendant’s motion on the
alternative grounds of inevitable discovery. A jury found Defendant guilty on the single
charge of possession of a controlled substance and received a suspended sentence of
eighteen months of probation. Defendant then filed an appeal with the Court of Appeals.

B.    Court of Appeals

{5}   On appeal, Defendant challenged her conviction and the denial of her motion to
suppress. She argued that the State did not meet its burden to prove that the
warrantless search of her purse was reasonable under the search-incident-to-arrest
exception or that the methamphetamine would have been inevitably discovered,
rendering it admissible. Ortiz, A-1-CA-34703, mem. op. ¶ 1. The Court of Appeals
agreed with Defendant and reversed the district court. Id. ¶ 16. The Court of Appeals
concluded that “the State failed to meet its burden of proving that Officer Howard’s
search of Defendant’s purse—including his removal and disassembly of the flashlights
he found inside—was reasonable as a search incident to arrest” because the limited
evidence in the record did not support “that the purse remained either on Defendant’s
shoulder after she was placed under arrest or, critically, within her ‘immediate control[.]’”
Id. ¶ 9. Considering the district court’s ruling that the methamphetamine would have
inevitably been discovered, the Court of Appeals held that “there was no evidence
adduced whatsoever regarding inventory procedures at the detention center to which
Defendant was taken.” Id. ¶ 14. The Court went on to note,

       Because the record, here, is void of even a scintilla of evidence that would
       allow anything more than a speculative conclusion that the “baggie” inside
       the flashlight inside Defendant’s purse would have been found upon her
       arrival at the detention facility, we conclude that the district court erred in
       finding that the discovery of the illegally seized evidence was inevitable.

Id. ¶ 15. The State then filed its petition for writ of certiorari, which this Court granted.

II.    DISCUSSION

{6}    Both the Fourth Amendment to the United States Constitution and Article II,
Section 10 of the New Mexico Constitution protect against unreasonable searches. “Any
warrantless search analysis must start with the bedrock principle of both federal and
state constitutional jurisprudence that ‘searches conducted outside the judicial process,
without prior approval by judge or magistrate, are per se unreasonable,’ subject only to
well-delineated exceptions.” State v. Rowell, 

, ¶ 10, 

, 

 (quoting Katz v. United States, 

 (1967), superseded by
statute as stated in United States v. Koyomejian, 

 (9th Cir. 1991)).
“Warrantless seizures are presumed to be unreasonable and the State bears the
burden of proving reasonableness.” 

 (internal quotation marks and citation omitted).

A.     Standard of Review

{7}     “Appellate review of a district court’s ruling on a motion to suppress involves a
mixed question of fact and law. We review the contested facts in the manner most
favorable to the prevailing party and defer to the factual findings of the district court if
substantial evidence exists to support those findings.” Id. ¶ 8 (internal quotation marks
and citation omitted). “Rather than being limited to the record made on a motion to
suppress, appellate courts may review the entire record to determine whether there was
sufficient evidence to support the trial court’s denial of the motion to suppress.” State v.
Monafo, 

, 

; see also State v. Martinez, 1980-NMSC-
066, ¶ 16, 

, 

 (stating that the scope of review “should be
broadened so that the appellate court may determine if probable cause did or did not
exist by an examination of all the record surrounding an arrest or search and seizure”).
“We then review the application of the law to those facts, making a de novo
determination of the constitutional reasonableness of the search or seizure.” State v.
Martinez, 

, 

 (internal quotation marks and citation
omitted).

B.     Search Incident to Arrest

{8}    Here, the State contends that the search of Defendant’s purse was reasonable
pursuant to the search-incident-to-arrest exception to the warrant requirement, arguing
that the Court of Appeals erred in requiring the State to produce particularized
“evidence of the presence of a weapon, instrument of escape or destructible evidence.”

{9}     We recognize that “[o]ne of the most firmly established exceptions to the warrant
requirement is the right on the part of the government . . . to search the person of the
accused when legally arrested.” State v. Paananen, 

, 

 (internal quotation marks and citation omitted). The search-incident-to-arrest
exception permits “arresting officers, in order to prevent the arrestee from obtaining a
weapon or destroying evidence, [to] search both ‘the person arrested’ and ‘the area
within his immediate control’” following a lawful arrest. Birchfield v. North Dakota, 

, 459 (2016) (quoting Chimel v. California, 

 (1969)). “Th[is]
rule allowing contemporaneous searches is justified . . . by the need to seize weapons
and other things which might be used to assault an officer or effect an escape, as well
as by the need to prevent the destruction of evidence of the crime—things which might
easily happen where the weapon or evidence is on the accused’s person or under his
immediate control.” Chimel, 

 (internal quotation marks and citation
omitted). Recognizing that generally “the federal search incident to arrest exception was
construed in the same fashion as the New Mexico exception,” Rowell, 

, this Court has held, “a search incident to arrest is a reasonable preventative
measure to eliminate any possibility of the arrestee’s accessing weapons or evidence,
without any requirement of a showing that an actual threat exists in a particular case.”
Paananen, 

. “[T]he scope of a lawful search incident to arrest,”
however, is “defined and limited by its supporting justification[,] . . . consistent with the
established principle that a warrantless search should be strictly circumscribed by the
exigencies which justify its initiation.” Rowell, 

 (internal quotation
marks and citation omitted). With these principles in mind, we consider the evidence
presented to support Officer Howard’s search of Defendant’s purse and flashlight.

1.     Search of Defendant’s person

{10} The State contends that the search of Defendant’s purse was effectively a search
of her person because the purse was “‘associated with the person of [Defendant].’” The
district court found that because Defendant was wearing the purse on her shoulder
when she encountered the officers, “[it’s the] same thing [as] searching a person’s
pockets when you arrest someone.” In reaching its conclusion, the district court ignored
an important difference between pockets and a purse—the latter could be removed from
Defendant and kept safely away from her. For this reason, we are not persuaded by the
district court’s rationale and conclude that the evidence presented to the district court to
support the search of Defendant was insufficient.
{11} In United States v. Knapp, the Tenth Circuit Court of Appeals rejected an
argument similar to that made by the State, holding that a search of an arrestee’s
person permits “searches of an arrestee’s clothing, including containers concealed
under or within her clothing” and that a “carried purse does not qualify as ‘of the
person.’” 

 (10th Cir. 2019). In reaching its conclusion, the Tenth
Circuit reasoned:

       [T]he animating reasons supporting arresting officers’ “unqualified
       authority” to search an arrestee’s person are less salient in the context of
       visible, handheld containers such as purses. . . . Because of an arrestee’s
       ability to always access weapons concealed in her clothing or pockets, an
       officer must necessarily search those areas because it would be
       impractical (not to mention demeaning) to separate the arrestee from her
       clothing. . . . Containers held in an arrestee’s hand and not concealed on
       her body or within her clothing do not implicate such concerns to the same
       degree.

 (citation omitted).

{12} The Knapp Court further noted that treating visible handheld containers, such as
purses, as part of the person presented additional concerns, stating, “[G]iven that
handheld containers such as purses are easily dispossessed, classifying such
containers as potentially part of an arrestee’s person would necessitate unworkable
determinations about what the arrestee was holding at the exact time of her arrest.” 

. “[A] holding to the contrary,” the Knapp Court reasoned, “would erode the
distinction between the arrestee’s person and the area within her immediate control.” 

The Knapp Court concluded:

       The better formulation, we believe, would be to limit . . . searches of an
       arrestee’s [person to the person’s] clothing, including containers
       concealed under or within her clothing. Accordingly, visible containers in
       an arrestee’s hand such as [an arrestee’s] purse are best considered to be
       within the area of an arrestee’s immediate control—thus governed by
       Chimel—the search of which must be justified in each case.

{13} We are persuaded by the rationale of Knapp and adopt it here. As was the case
in Knapp, there was no evidence offered, either at the suppression hearing or at trial,
that Defendant’s purse was concealed under or within her clothing. Certainly, there was
no evidence offered to support the district court’s finding that searching Defendant’s
purse is the “same thing [as] searching a person’s pockets,” particularly where, as here,
the purse could be and was removed from Defendant’s person. As such, the record
does not support a finding that the search of Defendant’s purse was akin to a search of
her person. See State v. Vandenburg, 

, 

,


 (“[W]e review the facts in a light most favorable to the prevailing party, as
long as the facts are supported by substantial evidence.”).

2.     Search of the area in Defendant’s immediate control

{14} Because the search at issue here cannot be considered a search of Defendant’s
person, the State must establish that the searched purse was found within the area of
her immediate control. Birchfield, 579 U.S. at 459. Such a search is limited to “‘the area
from within which [the arrestee] might gain possession of a weapon or destructible
evidence.’” Id. at 471 (quoting Chimel, 

). This limitation is “consistent
with the established principle that a warrantless search should ‘be strictly circumscribed
by the exigencies which justify its initiation.’” Rowell, 

 (quoting
Terry v. Ohio, 

 (1968)).

{15} In Arizona v. Gant, the United States Supreme Court held, “[i]f there is no
possibility that an arrestee could reach into the area that law enforcement officers seek
to search, both justifications for the search-incident-to-arrest exception are absent and
the [search-incident-to-arrest] rule does not apply.” 

 (2009). The Gant
Court recognized that “the Chimel rationale authorizes police to search a vehicle
incident to a recent occupant’s arrest only when the arrestee is unsecured and within
reaching distance of the passenger compartment at the time of the search.” 

.
The language in Gant supports our interpretation that the United States Supreme Court
intended to limit the scope of searches of the area in an arrestee’s immediate control to
instances where officers demonstrate an arrestee may gain access to a weapon or
destroy evidence. The Gant Court reinforced this interpretation when it wrote:

       [A] search incident to arrest may only include the arrestee’s person and
       the area within his immediate control—construing that phrase to mean the
       area from within which he might gain possession of a weapon or
       destructible evidence. That limitation, which continues to define the
       boundaries of the exception, ensures that the scope of a search incident
       to arrest is commensurate with its purposes of protecting arresting officers
       and safeguarding any evidence of the offense of arrest that an arrestee
       might conceal or destroy.

 (internal quotation marks and citation omitted).

{16} In this case, we hold that the State failed to meet its burden to demonstrate the
reasonableness of the officer’s search of Defendant’s purse because the State failed to
put forth any evidence that the purse was within the Defendant’s immediate control such
that Defendant presented a danger of gaining possession of a weapon or was in a
position to destroy evidence of her arrest. Despite the State’s arguments to the contrary,
there is limited evidence in the record as to the location of the purse at the time of
arrest, whether it was secured, its distance from Defendant, how she was handcuffed
such that she would be able to access the purse, and whether and why the officers had
concerns for their own safety or the destruction of evidence. At the suppression hearing,
Officer Howard testified that Defendant was carrying her purse when he and Officer
Gurule approached her and that he searched the purse. At the trial, Officer Howard
testified that “[a]s Officer Gurule was placing [Defendant] under arrest into handcuffs,
she had a purse draped up over her shoulder. I removed the purse so that it didn’t get
locked up in the handcuffs. And I did a search incident to arrest of that purse. It was on
her.” Officer Gurule also testified at trial, but merely observed that “Officer Howard took
possession of [Defendant’s] purse and property incident to arrest at that point in
time. . . . He took the purse, at which point in time he looked at the contents incident to
arrest.” However, nothing in the testimony above, or in the record at all, details where
Officer Howard searched the purse while Defendant was arrested. Specifically, there is
nothing to indicate that at the time Defendant was arrested, Officer Howard and the
purse were within Defendant’s immediate control, only at most that they were an “arm’s
reach away.” Further, as the testimony repeatedly indicates, Officer Howard searched
the purse only after Defendant had been arrested and was in handcuffs. Absent
evidence that Defendant could reach the purse to access weapons or destroy evidence,
there can be no inference that the officer’s search was reasonable.

{17} In reaching our conclusion, we note that the record does not reflect any evidence
that Officers Howard and Gurule had concerns for their own safety or the destruction of
evidence. In fact, there is contrary testimony that the officer was merely searching
Defendant’s purse for contraband. Officer Howard testified that “[s]he was arrested, and
the property at the time is going to the jail with her, so we have to search it to make sure
no contraband is taken into the jail, any weapons, guns, knives.” The United States
Supreme Court in Gant made clear that the purpose of a search incident to arrest is
“protecting arresting officers and safeguarding any evidence of the offense of arrest that
an arrestee might conceal or destroy.” 

. To be clear, while there is no
requirement that the State have “specific probable cause to believe weapons or
evidence are present in a particular situation,” Rowell, 

, the State
bears the burden of presenting some evidence of the reasonableness of the search
“anchored in the specific circumstances facing an officer.” Id. ¶ 24.

{18} The State directs this Court to Paananen in support of its assertion that we
should liberally construe what makes up “the area in Defendant’s immediate control”
and “even the handcuffing of an arrestee does not negate the reasonable possibility of
access to an area subject to search.” Regardless of whether we construe what makes
up the area in Defendant’s immediate control liberally or not, the State’s argument fails
because it did not provide us with any evidence that supports a conclusion that
Defendant’s purse was within “the area from within which [s]he might gain possession of
a weapon or destructible evidence.” Gant, 

 (internal quotation marks and
citation omitted).

{19} Furthermore, Pannanen does not provide us with any useful guidance, as it does
not explain its analysis. The Paananen Court concluded that the search of the
defendant’s backpack and cigarette pack “was conducted incident to a valid arrest.”

, ¶ 29. Citing Rowell, 

, ¶ 25 fn.1, the Paananen Court
explained that “a search incident to arrest is a reasonable preventative measure to
eliminate any possibility of the arrestee’s accessing weapons or evidence.” 2015-
NMSC-031, ¶ 29. But it did not provide any analysis explaining how the search was
appropriate because the facts show that handcuffed arrestee in that case might have
been able to access the backpack and cigarette pack searched by police. Nor did it
evaluate whether “the scope of a search incident to arrest is commensurate with its
purposes of protecting arresting officers and safeguarding any evidence of the offense
of arrest that an arrestee might conceal or destroy.” Gant, 

. Finally, it did
not address whether the state presented evidence that the search at issue was
“anchored in the specific circumstances facing the officer.” Rowell, 

. Paananen is neither instructive nor controlling here.

{20} Lastly, to the extent that the State relies on Paananen because the officers
similarly testified that they were conducting the search to “‘make sure [the suspects]
don’t take contraband to jail,’” 

, ¶ 30, the State points to no authority
that permits a search incident to arrest for contraband without satisfying the
requirements that any such search be to prevent an arrestee from obtaining a weapon
or destroying evidence of the arrest. While other exceptions to the warrant requirement
may apply, Paananen does not assist the State to expand searches incident to arrest to
allow for searches for contraband before taking an arrestee to jail.

{21} Because the State has not produced any evidence in the record to support a
finding that the search of Defendant’s purse was a search of her person or was within
the area of her immediate control, we hold that the State did not meet its burden in
demonstrating the reasonableness of the warrantless search pursuant to the search-incident-to-arrest exception.

C.     Inevitable Discovery

{22} We now turn to the district court’s ruling that the methamphetamine would have
inevitably been discovered when officers took Defendant to jail and conducted an
inventory search of her purse. The State argues that Defendant’s objections to the
district court’s finding of inevitable discovery are not properly preserved before this
Court because Defendant never objected to nor availed herself of the opportunity to be
heard pursuant to Rule 11-201(E). Alternatively, the State contends that the district
court properly took judicial notice of the jail’s inventory procedure and that such a
finding is sufficient to support the district court’s conclusion that the methamphetamine
would have inevitably been discovered. We are not persuaded by either of the State’s
arguments.

1.     Preservation

{23} Our rules require that parties preserve their issues for appellate review. See Rule
12-321(A) NMRA (“To preserve an issue for review, it must appear that a ruling or
decision by the trial court was fairly invoked.”). The preservation requirement includes
instances when district courts take judicial notice of adjudicative facts under Rule 11-
201, and the parties do not request an opportunity to be heard to object to the district
court’s proposed judicial notice. See Rule 11-201(E) (“Opportunity to be heard. On
timely request, a party is entitled to be heard on the propriety of taking judicial notice
and the nature of the fact to be noticed.”). The record indicates that Defendant made no
attempt to object to the district court taking judicial notice of the jail’s inventory process.
Had Defendant requested an opportunity to be heard and raised her objections to the
district court’s sua sponte ruling on grounds not raised by the State and the associated
judicial notice, the district court may have been notified of potential error and given the
opportunity to correct it, including permitting the parties a fair opportunity to consider
and respond to the facts to be judicially noticed and creating a sufficient record for
appellate review. See Gonzales v. Shaw, 

, ¶ 14, 

(explaining the primary purpose of the preservation rule). Accordingly, we agree
Defendant’s arguments against the district court’s judicial notice were not preserved.

{24} However, the preservation rule is not absolute, and this Court may address
unpreserved issues that involve, among others, the fundamental rights of a party. See
Rule 12-321(B)(2) (recognizing the Court’s discretion to hear unpreserved “issues
involving . . . fundamental rights of a party”). As this case involves Defendant’s
fundamental right to be free from unreasonable searches, this Court has the inherent
authority to address the issue, even if it was not preserved below, and we do so now.
See State v. Gomez, 

, ¶ 31 n.4, 

, 

 (recognizing
this Court’s discretion to hear unpreserved search and seizure issues).

2.     Judicial notice of inevitable discovery

{25} Next, we turn to the circumstances surrounding the district court’s decision to
take judicial notice of the jail’s inventory process. District courts “may judicially notice a
fact that is not subject to reasonable dispute because it (1) is generally known within the
court’s territorial jurisdiction, (2) can be accurately and readily determined from sources
whose accuracy cannot reasonably be questioned, or (3) notice is provided by statute.”
Rule 11-201(B). However, “[w]hen a court takes judicial notice of a fact, it must be done
on the record.” City of Aztec v. Gurule, 

, 

, 

 (emphasis added). “Our trial courts should be explicit when taking judicial notice, for
the benefit of the parties and the reviewing courts.” 

 “There are two main reasons trial
courts should make a clear record when taking judicial notice of a fact: (1) to facilitate
appellate review and (2) to provide notice, as required by due process, to the opposing
party.” 

 (citation omitted). “The matter of which a court will take judicial notice must be
a subject of common and general knowledge. The matter must be known, that is well
established and authoritatively settled. Thus, uncertainty of the matter or fact in question
will operate to preclude judicial notice thereof.” State v. Torres, 

,

, 

 (internal quotation marks and citation omitted).

{26} In this case, the district court did not properly take judicial notice of the jail’s
inventory process because it failed to establish on the record how the inventory process
is the subject of common and general knowledge or is well established and settled. At
the suppression hearing, the district court sua sponte took judicial notice of the
inventory policies and procedures of the Curry County Detention Center without ever
specifically identifying it when it stated:

       But in this case, the purse would go with [Defendant] to the jail . . . when
       you go to the jail, if you’ve got a purse with you, it’s going to be searched
       at the jail. So that in addition to search incident to arrest, I think there’s
       probably an inevitable discovery rule. It would have been—it would have
       been searched at some point anyway. . . . [I]n addition I would say
       because the purse would have been searched at the jail pursuant to their
       policy anyway and the contents would have been logged into—I mean,
       that’s what they have to do. They log the contents of a purse—they come
       into the jail and would have—the items would have been found at that time
       anyway, so inevitable discovery also would have resulted in the seizure of
       this evidence.

There is nothing in the record to show that the inventory procedures of the Curry County
Detention Center are generally known within the district court’s territorial jurisdiction or
that they can be accurately and readily determined. The State argues that the district
court may utilize its prior experiences with the jail’s practices and procedures, but the
district court does not explicitly, on the record, state that it has personal prior knowledge
and experience of the jail’s inventory policy. Further, as the Court of Appeals properly
noted, it is uncertain whether the jail’s inventory policy would include searching the
insides of the flashlights within Defendant’s purse and the district court failed to explain
how such information is generally known or can be accurately and readily determined.
See Ortiz, A-1-CA-34703, mem. op. ¶ 14. The State attempts to counter this point by
directing this Court to the testimony of Officer Howard who testified that he was
suspicious of the flashlights because of their different weights. However, this argument
does not support that the jail’s inventory procedure is the proper subject of judicial
notice. Additionally, because Officer Howard does not establish that he has personal
knowledge of the jail’s inventory process, his testimony cannot support the basis for the
district court to take judicial notice of the inventory process or independently support
that the flashlights would have been inevitably searched.

{27} Therefore, given that the district court did not properly and explicitly establish in
the record how the policies and procedures of the Curry County Detention Center were
generally known or could be accurately and readily determined, the district court erred
when it took judicial notice of the jail’s inventory policies. Based on this conclusion, this
Court declines to address the State’s invitation to adopt a categorical rule on whether
district courts may or may not take judicial notice to support the application of the
inevitable discovery doctrine. The State contends that the Court of Appeals concluded
that judicial notice is not available in the context of the inevitable discovery doctrine. We
disagree and interpret the Court of Appeals’ conclusion to indicate, in line with this
opinion, that the district court erred in taking judicial notice of the jail’s inventory process
under Rule 11-201 by its failure to explain its ruling, rendering the judicial notice
improper under the circumstances. See Ortiz, A-1-CA-34703, mem. op. ¶ 14.

{28} Given our conclusion that the district court did not properly take judicial notice of
the jail’s inventory process, the State’s theory of inevitable discovery fails. “The
inevitable discovery doctrine is an exception to the exclusionary rule that permits the
admission of unlawfully seized evidence if that evidence would have been seized
independently and lawfully in due course.” State v. Barragan, 

,

, 

, overruled on other grounds by State v. Tollardo, 2012-
NMSC-008, ¶ 37 n.6, 

. “In order for the inevitable discovery doctrine to
apply, the lawful means by which the evidence could have been attained must be wholly
independent of the illegal search.” 

 “Like all warrantless searches, however, inventory
searches are presumed to be unreasonable and the burden of establishing their validity
is on the State.” State v. Davis, 

, 

 (internal quotation
marks and citation omitted).

{29} Because the district court did not properly take judicial notice of the jail’s
inventory process, there is no evidence in the record to establish the jail’s inventory
process and whether it would have inevitably discovered the methamphetamine in
Defendant’s purse. Further, there is no evidence that the jail’s procedures would have
included a search of the flashlights found in Defendant’s purse during an inventory
search. See State v. Johnson, 

, ¶ 15, 

, 

 (“A
search for purposes of making an inventory can include the search of containers so long
as it is conducted according to established procedure.”). As the record does not contain
any evidence concerning whether the methamphetamine would have been inevitably
discovered, we hold that the State did not meet its burden to establish the validity and
reasonableness of the search under the inevitable discovery doctrine.

III.   CONCLUSION

{30} Because the State did not produce any evidence in the record to support a
finding that the warrantless search of Defendant’s purse was a search of her person or
was within the area of her immediate control, we conclude that the State failed to meet
its burden to demonstrate that the search was reasonable under the search-incident-to-arrest exception to the warrant requirement. Additionally, because the district court
failed to explain how the information it relied upon to establish the jail’s inventory
process was generally known and how that information could be accurately and readily
determined and because the State did not produce any evidence that the purse and
flashlights would have been inevitably discovered, we further hold that the State failed
to meet its burden to demonstrate that the search was reasonable under the inevitable
discovery doctrine. Therefore, because the State failed to meet its burden to establish
the reasonableness of the warrantless search of Defendant’s purse, we hold that the
search was a violation of Defendant’s Fourth Amendment rights. We affirm the Court of
Appeals’ reversal of the district court’s denial of Defendant’s motion to suppress and
remand the case to the district court to vacate Defendant’s conviction and sentence.

{31}   IT IS SO ORDERED.

JULIE J. VARGAS, Justice

WE CONCUR:

C. SHANNON BACON, Chief Justice

DAVID K. THOMSON, Justice