NM: SW for bodily standards in case pending for trial not 4A or due process violation

After defendant was indicted a search warrant for bodily standards was sought from the metropolitan court. It didn’t lose jurisdiction for a search warrant, even in a case pending in a “higher” trial court. “[P]ost-indictment warrants are lawful in New Mexico, provided all other requirements for the issuance of a search warrant are met.” It also did not violate due process. State v. Chavez, 2023 N.M. App. LEXIS 44 (June 26, 2023):

P38 What’s more, the choice of the State to seek body standards from a person who is a defendant in a pending criminal prosecution via a search warrant rather than through a motion for body standards does not equate to a violation of the due process rights of that person simply because the State did not follow the “common practice” of the jurisdiction to seek body standards by way of a motion for such. See State v. Villa, 2004-NMSC-031, ¶ 14, 136 N.M. 367, 98 P.3d 1017 (noting that “we do not second-guess the tactical decisions of the litigants” on appeal). We also note that the district court cited no statute, case, or rule of procedure to support this proposition, and Defendant has not advanced a due process argument on appeal. See Vigil-Giron, 2014-NMCA-069, ¶ 60, 327 P.3d 1129 (noting that if no supportive authority is cited, “we assume no such [*23] authority exists”).