section 10 subject to suppression in New Mexico

2019See id. ¶ 22 n.6 (noting that remedy is 17 suppression under Article II, Section 10); State v. Jean-Paul, 2013-NMCA-032 , ¶¶ 18 10-11, 295 P.3d 1072 (summarizing exceptions for futility and exigency). 19 {15} Viewing the record evidence in the light most favorable to the State and 20 indulging all reasonable inferences in support of the district court’s ruling, we 10 1 identify no error in the denial of suppression.

2019See id. ¶ 22 n.6 (noting that remedy is suppression under Article II, Section 10); State v. Jean-Paul, 2013-NMCA-032, ¶¶ 10-11 , 295 P.3d 1072 (summarizing exceptions for futility and exigency). {15} Viewing the record evidence in the light most favorable to the State and indulging all reasonable inferences in support of the district court’s ruling, we identify no error in the denial of suppression.

2018Defendant asks this Court to affirm the Court of Appeals ruling that the crimes of concealing identity and forgery should have been suppressed under the Fourth Amendment and asks alternatively for suppression under Article II, Section 10. {12} Under the interstitial approach adopted in State v. Gomez , 1997-NMSC-006 , ¶ 21, 122 N.M. 777 , 932 P.2d 1 , we ask "first whether the right being asserted is protected under the federal constitution.

2018Defendant asks this Court to affirm the Court of Appeals ruling that the crimes of concealing identity and forgery should have been suppressed under the Fourth Amendment and asks alternatively for suppression under Article II, Section 10. {12} Under the interstitial approach adopted in State v. Gomez , 1997-NMSC-006 , ¶ 21, 122 N.M. 777 , 932 P.2d 1 , we ask "first whether the right being asserted is protected under the federal constitution.

2023The State contends that the record establishes that the contact between Officer Villarreal and Defendant was a permissible community caretaker encounter and therefore a reasonably competent attorney could have decided that a motion to suppress was not warranted. {11} “We review claims of ineffective assistance of counsel de novo.” State v. Pitner, 2016-NMCA-102, ¶ 14 , 385 P.3d 665 (internal quotation marks and citation omitted). “[T]here is a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.” State v. Garcia, 2011-NMSC-003, ¶ 33 , 149

2023The State contends that the record establishes that the contact between Officer Villarreal and Defendant was a permissible community caretaker encounter and therefore a reasonably competent attorney could have decided that a motion to suppress was not warranted. {11} “We review claims of ineffective assistance of counsel de novo.” State v. Pitner, 2016-NMCA-102, ¶ 14 , 385 P.3d 665 (internal quotation marks and citation omitted). “[T]here is a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.” State v. Garcia, 2011-NMSC-003, ¶ 33 , 149

2023The State contends that the record establishes that the contact between Officer Villarreal and Defendant was a permissible community caretaker encounter and therefore a reasonably competent attorney could have decided that a motion to suppress was not warranted. {11} “We review claims of ineffective assistance of counsel de novo.” State v. Pitner, 2016-NMCA-102, ¶ 14 , 385 P.3d 665 (internal quotation marks and citation omitted). “[T]here is a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.” State v. Garcia, 2011-NMSC-003, ¶ 33 , 149