NM: Lack of prior notice of a sobriety checkpoint not fatal; suppression reversed

“The State of New Mexico appeals from an order granting a motion to suppress evidence based on an unconstitutional sobriety checkpoint. The State raises a single issue on appeal: whether the lack of advance publicity makes a sobriety checkpoint unconstitutional, where the remainder of the factors in City of Las Cruces v. Betancourt, 1987-NMCA-039, ¶ 13, 105 N.M. 655, 735 P.2d 1161, are met. We hold that it does not and, therefore, reverse. … The advance notice factor is merely one of eight factors to be considered in determining the reasonableness of a checkpoint. Because no argument was made that the remaining Betancourt factors were not met, and that the advance publicity factor is not dispositive, we hold that the checkpoint was constitutional. For the forgoing reasons, we reverse the district court’s order granting Defendant’s motion to suppress evidence.” State v. Swain, 2015 N.M. App. LEXIS 118 (Oct. 28, 2015).

Defense counsel reasonably concluded that the search here was valid under the emergency doctrine. Also, since nothing was taken for use at trial, there can’t be ineffective assistance. Otto v. Comm’r of Corr., 2015 Conn. App. LEXIS 422 (Nov. 10, 2015).*