{12} It is importantto recognize thatunder the undisputed facts in this case, Deputy Vasquez seized the backpack at Defendant’s home and this is a significant factor in our ultimate determination. See United States v. Perea, 986 F.2d 633, 643 (2d Cir. 1993) (“When a person is arrested in a place other than his home, the arresting officers may impound the personal effects that are with him at the time to ensure the safety of those effects or to remove nuisances from the area.” (internal quotation marks and citation omitted)). A defendant has a right to place his personal items on his private property and reasonably expect that law enforcement will not seize it without a warrant. See U.S. Const, amend. IV; N.M. Const, art. X; see also State v. Crane, 2014-NMSC-026, ¶ 30, 329 P.3d 689 (<HOLDING>). We decline to conclude that the government
holding that an appeal is not moot so long as the appellate court can fashion relief that is both effective and equitable internal quotation marks omitted alteration in original recognizing that there is a heightened expectation ofprivacy in ones home and that what a person seeks to preserve as private even in an area accessible to the public may be constitutionally protected alteration internal quotation marks and citations omitted holding that issues not argued specifically and distinctly in a partys opening brief are waived internal quotation marks and citations omitted recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted recognizing that the nsa qualifies as a withholding statute under exemption 3 because it refers to particular types of matters that are to be withheld internal quotation marks and citations omitted