NM: State constitutional protection in trash from the home extends to motel rooms because motel rooms are constitutionally protected places, too

In State v. Granville, 2006 NMCA 98, 140 N.M. 345, 142 P.3d 933 (2006), New Mexico extended state constitutional protection to trash bags left in the alley behind a house. Here, the trash bags were from a motel room. Since motel rooms have the same constitutional protection as the home, trash in opaque containers from a motel room are protected, too. State v. Crane, 2011 NMCA 61, 149 N.M. 674, 254 P.3d 117 (App. 2011), Certiorari Granted, June 8, 2011, Docket No. 33,014.*

The threat to get a search warrant for defendant’s computer was not baseless because officers could have gotten one. There was no promise of leniency. United States v. Reemsnyder, 2011 U.S. Dist. LEXIS 38681 (E.D. Tenn. March 18, 2011)*:

Finally, telling Defendant that he was not under arrest and that law enforcement wanted to know (only) two things: where Defendant got the images and whether Defendant could identify the children in the images, is not improper. To be sure, and depending on the totality of the circumstances, coercion may be found where law enforcement makes a promise of leniency if that promise is subsequently broken or illusory when made. United States v. Stokes, 631 F.3d 802, 808 (6th Cir. 2011); Johnson, 351 F.3d at 262. Here, however, I FIND Agent Poff’s statements were not an implied promise of leniency.