Reverses Conviction Of Resident On Possession Charges

The New Mexico Supreme Court has overturned the conviction of Norman Davis on charges of possession of marijuana because the state police did not have a warrant before overflying his property searching for pot.

The flights occurred in 2006. State police identified a possible marijuana growing operation at eight properties near Taos, according to a report from the Santa Fe New Mexican newspaper. Fourteen plants were confiscated from a greenhouse belonging to Davis.

Writing for the court, Justice Richard Bosson said "When low-flying aerial activity leads to more than just observation and actually causes an unreasonable intrusion on the ground — most commonly from an unreasonable amount of wind, dust, broken objects, noise, and sheer panic — then at some point courts are compelled to step in and require a warrant before law enforcement engages in such activity. The Fourth Amendment and its prohibition against unreasonable searches and seizures demands no less.”

New Mexico Attorney General spokesman James Hallinan said that they believe that helicopters continue to be "an important tool in the detection and apprehension of drug traffickers. Our office is available to consult with law enforcement agencies to promote effective operations that comport with federal and state law.”

The Attorney General will decide whether to appeal the decision to the U.S. Supreme Court in the next few weeks, according to the report.

FMI: https://nmsupremecourt.nmcourts.gov