Seized nor without a written showing probable cause

seized, nor without a written showing probable cause, supported by oath or affirmation”
In light of the provisions provided in Article 2, section 10 of the New Mexico
Constitution, in our case probable cause without a warrant without written showing the
probable cause, and describing the place to be searched, would consider the search in our
clients case unlawful.
Conclusion
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In this case, the opening of the freezer is not considered protocol as described in the
definition of “protective sweep” The contents of the freezer were not in plain view, which
could not have established probable cause, and if there was probable cause according to
the New Mexico Constitution Article 2, Section 10, the search conducted would be
considered unlawful , because there was no warrant, specifically a warrant that described
the freezer as a place to be searched. The officers went above the scope of protective
sweep which is defined as an unlawful search.
Recommendations
My recommendation is that the search of the freezer and the seizure of the marijuana
found in the freezer were unlawful and are not covered under the scope of the definition
of protective sweep. The Deiter’s should not been charged with possession of a controlled
substance because the marijuana was located without a search warrant which should have
specifically covered the freezer
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