NM explains its deferential standard of review is “substantial basis standard of review”

Review of a magistrate’s finding of probable cause is subject to a deferential standard of review, and “[a] reviewing court should not substitute its judgment for that of the issuing court.” State v. Trujillo, 150 N.M. 721, 2011 NMSC 40, 266 P.3d 1 (2011):

[*18] “[T]he substantial basis standard of review is more deferential than the de novo review applied to questions of law, but less deferential than the substantial evidence standard applied to questions of fact.” Williamson, 2009 NMSC 39, ¶ 30. The United States Supreme Court reasoned that “[a] deferential standard of review is appropriate to further the … strong preference for searches conducted pursuant to a warrant.” Massachusetts v. Upton, 466 U.S. 727, 733 (1984). A deferential stance “to the warrant process encourages police officers to procure a search warrant.” Williamson, 2009 NMSC 39, ¶ 28. This in turn provides “a layer of protection from unreasonable searches and seizures” without a warrant. Id. (internal quotation marks and citation omitted). Accordingly, “‘the resolution of doubtful or marginal cases in this area should be largely determined by the preference to be accorded to warrants.’” Upton, 466 U.S. at 734 (quoting United States v. Ventresca, 380 U.S. 102, 109 (1965)).

[*19] This standard “does not preclude the reviewing court from conducting a meaningful analysis of whether the search warrant was supported by probable cause.” Williamson, 2009 NMSC 39, ¶ 30. Rather, “[i]f, after reviewing the affidavit as a whole, the direct and circumstantial evidence alleged, as well as all reasonable inferences to be drawn from those allegations, does not support the issuing court’s determination of probable cause, then the search is invalid and unreasonable.” Id. (internal quotation marks and citation omitted). But, if the factual basis for issuing the warrant is sufficiently detailed in the affidavit, “and the issuing court ‘has found probable cause, the [reviewing] courts should not invalidate the warrant by interpreting the affidavit in a hypertechnical, rather than commonsense, manner.’” Id. (quoting Ventresca, 380 U.S. at 109). As stated previously, under a deferential standard the reviewing judge does not substitute his or her judgment for that of the issuing judge.