Court orders Prosecution to turn over Police Officer's Personal cell phone records during arrest

The New Mexico Court of Appeals recently ruled that Defendants are entitled to the personal cell phone records of police if used while the Officer is on duty, in uniform, in a marked patrol vehicle and during the stop, investigation and arrest of a criminal defendant.  State v. Ortiz, Case no. 2009-NMCA-092, August 13, 2009.  What is interesting about this case is the court up held the dismissal of the criminal charges based on a refusal of the State Prosecutor to provide the records in response to a discovery request from the Defense and not in response to a subpoena to the cell phone provider hold that a private cell phone used on duty by a police officer becomes a public information in the possession of the state.

 

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