SUPREME COURT NEWS RELEASE
The state Supreme Court has ruled that a Rio Rancho police officer had reasonable suspicion to seize a man on a residential street when investigating reports of a possible assault, disorderly conduct, and noise ordinance violation.
The Court’s unanimous opinion clears the way for prosecutors to potentially use evidence of what happened after the seizure for a criminal case against James Morgan for a 2020 incident involving police.
Morgan faced charges of aggravated battery upon a peace officer, false imprisonment and criminal damage to property. The charges were dismissed after the Sandoval County District Court suppressed evidence from what it determined was an unlawful seizure. The district court found that police had no reasonable suspicion that Morgan was committing a crime when Sgt. Carlos Railey grabbed him after a foot chase.
In today’s opinion written by Justice Michael E. Vigil, the state’s highest court concluded that Sgt. Railey’s seizure of Morgan was lawful under the Fourth Amendment of the U.S. Constitution. The justices ordered Morgan’s case back to the district court for further proceedings.
Sgt. Railey was dispatched to a small cul-de-sac in Rio Rancho around midnight, based on a call that a fight was in progress. As he drove to the scene, dispatch informed him the caller said the fighting had stopped. The caller indicated there had been a party all day at the house at the end of the cul-de-sac and there was laughing and dancing in the street. Upon arriving at the scene, Sgt. Railey parked around the corner. He approached on foot and saw Morgan yelling very loudly at a female, later identified as his sister, Jennifer Morgan. He also saw Morgan’s friend, Jose Gurrola, holding on to Morgan, possibly to restrain him. There also was a fourth, unidentified individual. Although it was dark, there was sufficient lighting for Sgt. Railey to see the group and he approached them without initially identifying himself as a police officer. He was wearing his uniform and a black medical mask because of the then COVID-19 pandemic. After a brief verbal exchange with the officer, Morgan and Gurrola turned and ran. Sgt. Railey chased them, grabbing Morgan and then losing hold of his wrist when Morgan fell.
Gurrola tackled Sgt. Railey, sat on his chest and held his right arm to prevent the officer from reaching for his weapon. Morgan held down Sgt. Railey’s other arm. Sgt. Railey identified himself as police and called for back-up as he was being taken to the ground. Morgan’s sister ripped the officer’s badge from his uniform and took his police radio. Backup police officers arrived shortly afterward. Morgan and the other two people were arrested.
“When Sergeant Railey seized Defendant by grabbing Defendant’s wrist, he had reasonable suspicion to detain Defendant. He was aware of facts reported in the assault and noise complaint which, when combined with his observations of a verbal fight, disorderly conduct, and unreasonable noise, gave him reasonable suspicion that a crime was being committed or had been committed,” the Court wrote. “When Sergeant Railey approached Defendant, Defendant fled, furthering the Sergeant’s reasonable suspicion.”
Today’s opinion reversed a state Court of Appeals decision that had found the seizure unconstitutional but allowed the use of the evidence under an exception in the law that generally excludes evidence obtained in violation of a person’s right against unreasonable searches and seizure.
To read the decision in State v. Morgan, No. S-1-SC-40449, please visit the New Mexico Compilation Commission’s website using the following link: