New Mexico
How Carpenter v. United States applies in New Mexico: state-specific rules, key cases, and bar exam notes for Fourth Amendment.
New Mexico follows a similar trajectory as the federal standard established in Carpenter v. United States, holding that sustained cell phone location tracking constitutes a search under the Fourth Amendment. Courts in New Mexico examine not only the expectation of privacy but also the nature and character of the invasive action.
The use of cell phone location data requires a warrant, grounded in the expectation of privacy, consistent with Carpenter's emphasis on protection against unreasonable searches.
Held that warrantless GPS tracking on a suspect’s vehicle constituted a search under the Fourth Amendment.
Ruled that individuals maintain a reasonable expectation of privacy in their cell phone data, mirroring Carpenter's rationale.
Determined that accessing historical cell site location information without a warrant violated Article II, Section 10 of the New Mexico Constitution.
New Mexico's approach closely parallels the federal standard set forth in Carpenter, ensuring robust protections against the warrantless collection of personal data. Both standards affirm that privacy interests extend beyond the physical realm to include digital data, which New Mexico courts recognize as inherently private.
Understanding Carpenter's implications on warrant requirements for digital data is crucial for New Mexico bar exam candidates, especially given its application to state constitutional protections.