Pubdate: Mon, 01 Jun 2015
Source: Albuquerque Journal (NM)
Copyright: 2015 The Associated Press
Contact:  http://www.abqjournal.com/
Details: http://www.mapinc.org/media/10

COURT: SOME PROTECTIONS DON'T APPLY AT BORDER SITES

Search and Seizure Laws Are for U.S. Citizens, Not International Travelers

SANTA FE (AP) - New Mexico's highest court ruled Thursday that the 
state's protections against search and seizure do not apply at 
international border checkpoints.

The five-member panel made the distinction in overturning a previous 
ruling made by an appeals court in a 2012 drug smuggling case. In the 
opinion, Justice Edward L. Chavez wrote that the state law does not 
mean greater protections against searches at an international border 
checkpoint.

If anything, "all motorists stopped at international fixed 
checkpoints are known to be international travelers who are not 
entitled to the heightened privacy expectations enjoyed by domestic 
travelers," the opinion stated.

According to court documents, Aide Sanchez was entering the Santa 
Teresa Port of Entry from Mexico on Jan. 2, 2012. Sanchez told 
officials she was going back to Colorado. Despite seeing valid 
documentation that Sanchez was a permanent resident, a U.S. Customs 
and Border Protection officer referred Sanchez's van to a secondary 
search. Officer Erica Pedroza testified that she did not suspect 
Sanchez of any criminal activity.

She said a large dog in the van left her unable to search the vehicle 
to her satisfaction.

The subsequent search turned up marijuana. Sanchez was indicted for 
distribution of marijuana and conspiracy to commit distribution of marijuana.

Sanchez argued in district court that border agents lacked reasonable 
suspicion of criminal activity as required under the New Mexico Constitution.

Under state law, border agents would only be able to detain her if 
there was a reasonable suspicion of criminal activity. Sanchez filed 
a motion to suppress the drugs as evidence, citing a 2001 court ruling.

In State of New Mexico v. Cardenas-Alvarez, the New Mexico Supreme 
Court reversed the conviction for a defendant who was found with 
marijuana at a border patrol checkpoint in the state, miles from the 
Mexican border.

In that case, the court said that the New Mexico Constitution applied 
to evidence seized by federal agents at a checkpoint 60 miles within 
the state and that would be presented in state court.

A district court ended up siding with Sanchez and the state Court of 
Appeals affirmed their ruling.

The Supreme Court's decision means the evidence in Sanchez's case 
will no longer be suppressed.
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