New Mexico Law: Case Law For Cops

[@stevenboitano8261]

Thank you for your search and seizure videos. They have been immensely helpful. I’m an officer in Farmington and attended a DV class in Rio Rancho where you gave a brief legal update. Although short, it was the best legal updates I’ve received. Can you clarify apprehending felony warrant subjects inside a residence that is not their own?

[@tacticalattorney]

Thank you! I'm glad my stuff is helping. Readers Digest version, a felony warrant will lawfully enable you to enter a home if the subject of the warrant lives there + you have a reasonable belief the person is home. If they are in a 3rd party's home you have to have a search warrant, consent or exigent circumstances. As a DA, I always recommended getting a search warrant even if you have an arrest warrant just to be safe. A search warrant provides extra protection and minimizes your exposure to liability. Send me an email if you want to connect, happy to answer any questions you still have.

[@BrandonMacLeod-gd6jx]

Thanks for convincing me not to lateral transfer there.

[@tacticalattorney]

LOL! There are still a lot of benefits. Reach out sometime if you ever have any questions.

[@nailsbraidsbykims2021]

Thank you I'm from Chimayo NM & would love to know more about our laws...

[@tacticalattorney]

Thanks! I used to live in Ojo Caliente. Beautiful area, I miss it up there!

[@randym7961]

A question , how is it that The Livestock cops can make stops without Probable Cause?? Also you mentioned the New Mexico Constitution taking preference over over the US Constitution! How does that work did we succeed from the Union and I didn't notice?

[@tacticalattorney]

@@randym7961 Thanks for the comment. This is a question that comes up quite a bit. First, in order for an officer to make a Terry stop in general they only need reasonable suspicion. PC is a higher burden of proof that applies to arrests. In New Mexico, only certified salaried and commissioned officers can make traffic stops. As to your 2nd question regarding New Mexico's constitutional interpretation, New Mexico may give greater protections under the state constitution than the federal constitution provides but it cannot take away any rights the federal constitution provides. So for example, the federal constitution allows officers to search a car without a warrant if they have PC and it's readily mobile. New Mexico, under its state constitution, has decided that a vehicle is an extension of the home and provides greater protections therefore an officer must have a warrant. In Bullcoming v. New Mexico the Supreme Court found that New Mexico courts were violating the 6th Amendment by allowing substitute lab analysts to testify (violation of the right to confront witnesses). It can be confusing. I hope this helps.