NM: Passenger in a stolen car had a REP in her purse; disclaimer of ownership of bag within purse was not an abandonment

Defendant was a passenger in a stolen car located by its GPS system. The officer seized her purse and searched a black bag inside. The search of the black bag was unreasonable. Her disclaimer of ownership of the bag within a bag was not an abandonment. State v. Bond, 2011 NMCA 36, 261 P.3d 599 (2011):

[*P13] Officer Karst did not testify that Defendant told him he could search her purse. The State argues that Defendant’s disclaimer of the ownership of the bag within her purse can be interpreted as providing consent to enter her purse to remove the item. However, Defendant’s statement was not a clear statement of consent. It could also reasonably be interpreted to have been only a statement intending to preclude ownership in the event that Officer Karst instituted a search. Given the presumption against the waiver of the constitutional right to be free from unreasonable searches and seizures, State v. Munoz, 2008 NMCA 90, ¶ 19, 144 N.M. 350, 187 P.3d 696, the State did not meet its burden below of demonstrating that Defendant provided the officer with consent to enter her purse.