Betancourt factors in New Mexico

2022A sobriety checkpoint “is constitutionally permissible so long as it is reasonable within the meaning of the [F]ourth [A]mendment as measured by its substantial compliance with [eight factors].” City of Las Cruces v. Betancourt, 1987-NMCA-039 , ¶ 24, 105 N.M. 655 , 735 P.2d 1161 . “[A] sobriety checkpoint conducted in substantial compliance with the eight Betancourt factors is [also] constitutional under the New Mexico Constitution.” State v. Madalena, 1995-NMCA-122 , ¶ 26, 121 N.M. 63 , 908 P.2d 756 . {9} We conclude Defendant’s motion was insufficiently particular to alert the metropolitan c

2022A sobriety checkpoint “is constitutionally permissible so long as it is reasonable within the meaning of the [F]ourth [A]mendment as measured by its substantial compliance with [eight factors].” City of Las Cruces v. Betancourt, 1987-NMCA-039 , ¶ 24, 105 N.M. 655 , 735 P.2d 1161 . “[A] sobriety checkpoint conducted in substantial compliance with the eight Betancourt factors is [also] constitutional under the New Mexico Constitution.” State v. Madalena, 1995-NMCA-122 , ¶ 26, 121 N.M. 63 , 908 P.2d 756 . {9} We conclude Defendant’s motion was insufficiently particular to alert the metropolitan c

2022See Goss, 1991-NMCA-003 , ¶ 13 (stating that “[g]enerally, motions to suppress must set out with particularity the grounds relied on for the relief sought”); see also City of Santa Fe v. Marquez, 2012-NMSC-031, ¶ 27 , 285 P.3d 637 (“A motion to suppress presupposes that the evidence was illegally obtained.” (alteration, internal quotations, and citation omitted)).

2022See Goss, 1991-NMCA-003 , ¶ 13 (stating that “[g]enerally, motions to suppress must set out with particularity the grounds relied on for the relief sought”); see also City of Santa Fe v. Marquez, 2012-NMSC-031, ¶ 27 , 285 P.3d 637 (“A motion to suppress presupposes that the evidence was illegally obtained.” (alteration, internal quotations, and citation omitted)).

2016See State v. Varela, 1999-NMSC-045, ¶ 25 , 128 N.M. 454 , 993 P.2d 1280 (stating that “[i]n order to preserve an error for appeal, it is essential that the ground or grounds of the objection or motion be made with sufficient specificity to alert the mind of the trial court to the claimed error or errors, and that a ruling thereon then be invoked” (internal quotation marks and citation omitted)). {21} Therefore, because sufficient evidence was produced attrial to establish that the DWI checkpoint in this case substantially complied with all of the Betancourt factors, perhaps with the exception

2016See State v. Varela, 1999-NMSC-045, ¶ 25 , 128 N.M. 454 , 993 P.2d 1280 (stating that “[i]n order to preserve an error for appeal, it is essential that the ground or grounds of the objection or motion be made with sufficient specificity to alert the mind of the trial court to the claimed error or errors, and that a ruling thereon then be invoked” (internal quotation marks and citation omitted)). {21} Therefore, because sufficient evidence was produced attrial to establish that the DWI checkpoint in this case substantially complied with all of the Betancourt factors, perhaps with the exception

2016See State v. Swain, 2016-NMCA-024, ¶¶ 12-13 , 366 P.3d 711 (“Based on our longstanding [caselaw], a lack of advance publicity, without more, is simply not sufficient to find that' a DWI checkpoint constitutes an illegal seizure.”); see also Bates, 1995-NMCA-080 , ¶ 26 (“Whether or not there is advance publicity is not dispositive of the reasonableness of a DWI [checkpoint].”).

2016See State v. Swain, 2016-NMCA-024, ¶¶ 12-13 , 366 P.3d 711 (“Based on our longstanding [caselaw], a lack of advance publicity, without more, is simply not sufficient to find that' a DWI checkpoint constitutes an illegal seizure.”); see also Bates, 1995-NMCA-080 , ¶ 26 (“Whether or not there is advance publicity is not dispositive of the reasonableness of a DWI [checkpoint].”).

1991It is possible that the Betancourt analysis should be modified as a matter of state constitutional law in order to provide greater protection against the "potential for abuse of the authority to conduct roadblocks." State v. Bolton, 111 N.M. at 34, 801 P.2d at 104 .

1991It is possible that the Betancourt analysis should be modified as a matter of state constitutional law in order to provide greater protection against the "potential for abuse of the authority to conduct roadblocks." State v. Bolton, 111 N.M. at 34, 801 P.2d at 104 .

2010“In 13 reviewing the sufficiency of the evidence, we must view the evidence in the light most 14 favorable to the guilty verdict, indulging all reasonable inferences and resolving all 15 conflicts in the evidence in favor of the verdict.” State v. Cunningham, 2000-NMSC- 16 009, ¶ 26, 128 N.M. 711 , 998 P.2d 176 ; see also State v. Salas, 1999-NMCA-099 , ¶ 17 13, 127 N.M. 686 , 986 P.2d 482 (recognizing that it is for the judge to resolve any 18 conflict in the testimony of the witnesses and to determine where the weight and 4 1 credibility lies).

2010“In 13 reviewing the sufficiency of the evidence, we must view the evidence in the light most 14 favorable to the guilty verdict, indulging all reasonable inferences and resolving all 15 conflicts in the evidence in favor of the verdict.” State v. Cunningham, 2000-NMSC- 16 009, ¶ 26, 128 N.M. 711 , 998 P.2d 176 ; see also State v. Salas, 1999-NMCA-099 , ¶ 17 13, 127 N.M. 686 , 986 P.2d 482 (recognizing that it is for the judge to resolve any 18 conflict in the testimony of the witnesses and to determine where the weight and 4 1 credibility lies).

2006See State v. Jason L., 2000-NMSC-018 , ¶ 9, 129 N.M. 119 , 2 P.3d 856 (reviewing a claim of unlawful seizure only under the Fourth Amendment where the defendant did not argue that the New Mexico Constitution afforded him greater protection); see also State v. Madalena, 121 N.M. 63, 69 , 908 P.2d 756, 762 (Ct.App.1995) (stating that “[t]he eight [Betancourt ] factors impose additional and stricter guidelines than the balancing test used by the United States Supreme Court in [Michigan Dep’t of State Police v. Sitz, 496 U.S. 444 , 110 S.Ct. 2481 , 110 L.Ed.2d 412 (1990)]” and holding that “a sobr

2006See State v. Jason L., 2000-NMSC-018 , ¶ 9, 129 N.M. 119 , 2 P.3d 856 (reviewing a claim of unlawful seizure only under the Fourth Amendment where the defendant did not argue that the New Mexico Constitution afforded him greater protection); see also State v. Madalena, 121 N.M. 63, 69 , 908 P.2d 756, 762 (Ct.App.1995) (stating that “[t]he eight [Betancourt ] factors impose additional and stricter guidelines than the balancing test used by the United States Supreme Court in [Michigan Dep’t of State Police v. Sitz, 496 U.S. 444 , 110 S.Ct. 2481 , 110 L.Ed.2d 412 (1990)]” and holding that “a sobr

2006See State v. Jason L., 2000-NMSC-018 , ¶ 9, 129 N.M. 119 , 2 P.3d 856 (reviewing a claim of unlawful seizure only under the Fourth Amendment where the defendant did not argue that the New Mexico Constitution afforded him greater protection); see also State v. Madalena, 121 N.M. 63, 69 , 908 P.2d 756, 762 (Ct.App.1995) (stating that “[t]he eight [Betancourt ] factors impose additional and stricter guidelines than the balancing test used by the United States Supreme Court in [Michigan Dep’t of State Police v. Sitz, 496 U.S. 444 , 110 S.Ct. 2481 , 110 L.Ed.2d 412 (1990)]” and holding that “a sobr

2006See State v. Jason L., 2000-NMSC-018 , ¶ 9, 129 N.M. 119 , 2 P.3d 856 (reviewing a claim of unlawful seizure only under the Fourth Amendment where the defendant did not argue that the New Mexico Constitution afforded him greater protection); see also State v. Madalena, 121 N.M. 63, 69 , 908 P.2d 756, 762 (Ct.App.1995) (stating that “[t]he eight [Betancourt ] factors impose additional and stricter guidelines than the balancing test used by the United States Supreme Court in [Michigan Dep’t of State Police v. Sitz, 496 U.S. 444 , 110 S.Ct. 2481 , 110 L.Ed.2d 412 (1990)]” and holding that “a sobr

2002See State v. Cardenas-Alvarez, 2001-NMSC-017, ¶ 16 , 130 N.M. 386 , 25 P.3d 225 (analyzing state constitutional law as applied to stops at border checkpoints). {11} Nor have any subsequent cases analyzing roadblocks extended the Betancourt analysis beyond the initial stop of the vehicle.

2002See State v. Cardenas-Alvarez, 2001-NMSC-017, ¶ 16 , 130 N.M. 386 , 25 P.3d 225 (analyzing state constitutional law as applied to stops at border checkpoints). {11} Nor have any subsequent cases analyzing roadblocks extended the Betancourt analysis beyond the initial stop of the vehicle.

1995The Amaral Court found that existing judicial guidelines for DWI roadblocks established in Commonwealth v. McGeoghegan, 389 Mass. 137 , 449 N.E.2d 349, 353 (1983), which guidelines include some of the Betancourt factors, were not followed by law enforcement officials.

1995The Amaral Court found that existing judicial guidelines for DWI roadblocks established in Commonwealth v. McGeoghegan, 389 Mass. 137 , 449 N.E.2d 349, 353 (1983), which guidelines include some of the Betancourt factors, were not followed by law enforcement officials.