Description: Mountain Home, Idaho criminal defense lawyer represented the Defendant charged with second-degree murder.

niel Ruiz Ortiz appeals from his convictions for second-degree murder and a violation of a no contact order, alleging that the district court erred when it denied his motion to suppress evidence discovered during a warrantless search of his home and during a subsequent search conducted pursuant to a search warrant. In denying Ortiz's motion, the district court relied on this Court's decision in State v. Rebo, 168 Idaho 234, 482 P.3d 569 (2020), to hold that Ortiz lacked Fourth Amendment standing to challenge the warrantless search of his home because, at the time the search was conducted, Ortiz was the subject of a no contact order that prohibited him from being within 300 feet of the residence.

CRIMINAL PROCEDURE. FOURTH AMENDMENT STANDING. The case examines whether a defendant prohibited by a no contact order from entering his home has standing to contest warrantless searches of that home under the Fourth Amendment.

CRIMINAL PROCEDURE. EXIGENT CIRCUMSTANCES AND EMERGENCY AID. The judgment addresses whether law enforcement conducted a warrantless search under exigent circumstances and the emergency aid exception to justify their entry into a home to check on the welfare of a resident potentially in distress.

CRIMINAL LAW. NO CONTACT ORDERS AND PROPERTY RIGHTS. The court considers the impact of a no contact order on an individual’s property rights, specifically the ability to exclude law enforcement from searching a home shared with the protected party under the order.
Key Phrases Fourth Amendment standing. No contact order. Warrantless search. Expectation of privacy. Motion to suppress.

Outcome: Affirmed

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Defendant's Experts:

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