SANTA FE – A New Mexico Supreme Court decision says a person’s consent allowing a search wasn’t voluntary if a law enforcement officer threatened to obtain a search warrant but lacked probable cause to get a judge to issue a warrant.
The decision Thursday in a man’s appeal in a drug case says that the trial judge should not have allowed marijuana and methamphetamine handed over during the search to be used as evidence because the search was coerced and involuntary.
The unanimous decision said consent is involuntary when a person believes refusal to consent would be futile.
Also, the the decision said, “without probable cause, “a defendant’s “mere acquiescence to an assertion of lawful authority renders a subsequent search unlawful. “
The ruling sends the case back to state District Court for further proceedings.