New Mexico v. Boyse
Annotate this CaseDefendants Lester and Carol Boyse were charged with fifty-two counts of cruelty to animals. They sought to suppress evidence discovered by investigators because the warrant was approved by a magistrate judge via telephone and not in person. The district court denied their motion. On appeal, the Supreme Court analyzed the practice of telephonic approval of search warrants against the strictures of the state constitution. Upon review, the Court concluded that a "showing" to a magistrate can be made through audible or other sensory means, in addition to being made in person. Therefore, the Court held that as a matter of law, telephonic approval of search warrants was constitutional, and affirmed the district court's denial of defendants' motion to suppress evidence.
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