Search and Seizure of Vehicles in New Mexico
HOW CAN I PROTECT MY CAR FROM ILLEGAL SEARCH AND SEIZURES IN ALBUQUERQUE, NEW MEXICO?
The Fourth Amendment of our Constitution protects individuals from illegal searches and seizures. Because of this right the police can only stop your vehicle when they have a reasonable suspicion to believe that you have violated a law. Assuming that the officer has stopped your vehicle for a valid reason, even a minor traffic violation gives the officer the right to place you under arrest.
SEARCH AND SEIZURE OF VEHICLE — ITEMS IN PLAIN VIEW
After you have been placed under arrest, and without your consent, the officer can seize any items in your vehicle that are in the officer’s plain view. The officer can also search the areas within your reach, such as the passenger compartment, and arguably anywhere in the interior area of your vehicle, other than the trunk. Always keep “valuable items” in a closed container in the truck – such as a suitcase, backpack, purse, etc. A valid search warrant is required for “valuables” that are enclosed in a container within the trunk of your vehicle. Lastly, an officer can search the items that you are personally holding, such as the items in your pockets. This is the extent that the officer can search without your consent.
SEARCH AND SEIZURE OF VEHICLE — YOUR RIGHT TO DENY VEHICLE SEARCH
You always have the right to deny the officer’s request to search your vehicle. Never consent to a police officer searching your vehicle – by doing so your are throwing away your Constitutional rights and permitting the officer to search areas of your vehicle that are otherwise protected. Finally, always remember that items that are on your person, in the plain view of the officer, or held within the interior of your vehicle can arguably be searched after a valid arrest, so always keep “valuables” in a closed container in your trunk.
PROTECT YOUR CAR FROM ILLEGAL SEARCH AND SEIZURE OF VEHICLE IN ALBUQUERQUE, NEW MEXICO
The answer above certainly is not an exhaustive analysis of your Constitutional rights. If you have been arrested for a crime and you feel that your rights have been violated, I can provide an in-depth analysis for your specific legal issue. If you or a friend have been arrested call Matthew Legan Sanchez at (505) SANCHEZ.
Vehicle search and seizure attorney in Albuquerque
