New Mexico v. Price (Published Opinion)Annotate this Case
The district court suppressed records that police officers obtained from Defendant Jaycob Price’s cell phone provider pursuant to a search warrant. Under the authority of the search warrant, the officers obtained: (1) subscriber information consisting of Defendant’s name, date of birth, social security number, and address; (2) cell-site location information (CSLI); and (3) a list of calls and text messages to and from Defendant’s cell phone. The district court ruled that the affidavit for the search warrant established probable cause to obtain Defendant’s subscriber information but failed to establish probable cause for the CSLI and call/text records, and ordered suppression of the CSLI and call/text records. The State appealed. The New Mexico Supreme Court held the district court correctly concluded that the Affidavit as a whole, together with reasonable inferences to be drawn therefrom, provided the issuing judge with a substantial basis for determining that there was probable cause to believe that Defendant’s subscriber information contained evidence of a crime. The Court held the district court erred in ruling that there was no probable cause to obtain Defendant’s CSLI and call/text records. The Court therefore affirmed in part and reversed in part the district court's order partially granting Defendant’s motion to suppress the cell phone records. The matter was remanded to the district court for further proceedings.