New Mexico Supreme Court

State of New Mexico, Plaintiff-Petitioner v. Christopher Gurule and Linda Davis, Defendants-Respondents

June 13, 20134 N.M. 342

Summary

The New Mexico Supreme Court reversed the Court of Appeals, holding that the search warrant provided probable cause to seize the defendants' digital camera, that the exclusion of a witness’s testimony under the fruit‑of‑the‑poisonous‑tree doctrine was erroneous, and that a statement made by a mother to her son was nontestimonial and therefore not barred by the Confrontation Clause. The Court remanded for a hearing on the admissibility of that statement under the state evidence rules.