State v. Perea

A confidential informant provided information to law enforcement that, within the last 72 hours, they observed a quantity of methamphetamine consistent with trafficking at the defendant’s residence. Based on this information, a magistrate judge issued a search warrant for the defendant’s residence, which resulted in law enforcement finding evidence indicative of drug trafficking and charging the defendant with possession of methamphetamine and drug paraphernalia. The defendant moved to suppress the evidence. The New Mexico Supreme Court held that the confidential informant’s first-hand observation provided a sufficient basis of knowledge to support the magistrate’s finding of probable cause for the search warrant under Rule 5–211(E) NMRA and Article II, Section 10 of the New Mexico Constitution, because it contained sufficient details to indicate the informant’s basis of knowledge.