In each of the following exercises, the assignment is to prepare an office memo. Each assignment contains an assignment memo from the supervising attorney that includes all the available facts of the case. Complete the memo based on these facts. If additional facts are needed, note this in the recommendations section of the memo. When preparing the heading of each assignment, use “Supervising Attorney” in the “To” line, and put your name after the “From.” Following each assignment is a reference to the applicable enacted and case law. In some assignments, the case citation includes a reference only to the regional reporter citation; the state reporter citation
is not included. Use only the citation presented in the assignment. The cases are presented in Appendix A. The first time you cite the opinion, use the full citation format for the citation you are given for the opinion in the assignment.

To: Paralegal
From: Supervising Attorney
Re: New Mexico v. Deiter; lawfulness of search of freezer
Our office represents Joseph and Josephine Deiter in New Mexico v. Deiter. After meeting with Ms. Deiter and reviewing the police report, I am concerned the search of her home was unlawful. The Atrisco, police department received a call about a domestic disturbance at 505 Sandia Street. Two officers went to the house and heard several loud voices and the sound of glass breaking when they arrived at the front door. Officers knocked and announced their presence, and a woman opened the door. Officers asked if they could come in and if there was a problem at the house. The woman stood aside and the officers went in.

When officers entered the house they saw broken glass on the living room floor and smelled the odor of burnt marijuana. They also saw a pipe used for smoking marijuana. They did not see any marijuana. Mr. Deiter was sitting on the sofa. The woman volunteered that Mr. Deiter threw a glass at her and officers
arrested him for domestic assault. This enraged Ms. Deiter who then spat on one of the officers. She was arrested for assault on a police officer. Officers then conducted a protective sweep to
make sure no one else was in the house. In looking in the kitchen for additional persons, Officer Smith, having been taught people often keep marijuana in the freezer, opened the freezer and found four bags weighing one ounce each of marijuana. Based on the seizure of the marijuana, the Deiters were also charged with possession of a controlled substance.
Review the applicable state search and seizure provision and case law creating the protective sweep exception to the warrant requirement to determine if the search of the freezer was lawful.
Constitutional Law: Article 2, Section 10 of the New Mexico Constitution states: “The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures, and no warrant to search any place, or seize any person or thing, shall issue without describing the place to be searched, or the persons or things to be seized, nor without a written showing of probable cause, supported by oath or affirmation.”
Case Law: Case law creates an exception to the warrant requirement of Article 2, Section 10, called a protective sweep. A court opinion that provides the definition of protective sweep and applies the elements of that definition is New Mexico v. Zamora, 2005-NMCA-039, 137 N.M. 301, 110 P.3d 517
(see Appendix A).