Your Right to Remain Silent in Albuquerque, New Mexico

Your right to remain silent in Albuquerque, New Mexico is a valuable right.

Picture the scene – you’re walking down Central and you spot a man that is only wearing jean mini-shorts, tan and a smile.  Or maybe you’re at Walmart and you see a sight that is a prime candidate for the website PeopleofWalmart.com.  There’s so much that you want to say, but at the same time a little voice in your head tells you to say nothing at all.

When I was a wee little lad my mother imparted words of wisdom on me that I will always remember.  Here is the little nugget of knowledge –

 

If You Don’t Have Anything Good to Say — Don’t Say Anything at All

 

I don’t want to take anything away from my mom – but now that I think about it I believe that this pearl of wisdom actually above came from Thumper in the movie Bambi.

 

 

WHEN YOU’RE BEING INVESTIGATED FOR A CRIME — REMAIN SILENT!

 

Anyways, my message for today is simple – If you don’t have anything good to say, then don’t say anything at all.  In other words . . .  REMAIN SILENT.

Always remember that everything that you say to an officer is being used to develop the necessary probable cause to place you under arrest.  When an officer asks if you’ve had anything to drink he isn’t asking the question to check how many calories you’ve had for the day.  He’s asking the question to develop enough evidence to place you under arrest.

The same holds true anytime that you interact with an officer and there’s a suspicion of a crime.  Once again – If you don’t have anything good to say, then don’t say anything at all.  It is your constitutional right to remain silent.

All too often one of my client’s tells an officer something damaging that hurts their case.  On one end of the spectrum it’s something minor like admitting to pushing an individual, taking prescription medication, or not paying attention while driving.  On the other end of the spectrum it’s something major like admitting to consuming 8 shots of Bicardi Gold, smoking marijuana, and doing two lines of cocaine before driving.

All of these statements were used by the officer to develop probable cause for the ultimate arrest.

In addition to giving away too much information, one also gives away valuable constitutional rights by consenting to an officer’s request to search one’s vehicle.

The topic of consent appeared in this week’s Bar Bulletin.  The case involved a young man that was stopped because his license plate was unreadable from fifty feet.  After being stopped the officer noted a strong smell of marijuana, and observed a bandana with a marijuana-leaf design hanging from the rearview mirror.  As you can see the officer was constantly looking for any and all evidence indicating that a crime was being committed.  In other words, the officer was searching for probable cause.

The officer then asked the man if he could search his vehicle – and the young man consented to the search. Ultimately the officer found several bags of marijuana and a metal pipe.

As I’ve mentioned in a previous blog – you have the right to deny an officer’s request to search your vehicle.   Keep in mind that assuming that there is a valid reason for the stop, the officer is permitted to search your pockets and pretty much any area in the interior of your vehicle.  Nevertheless, an officer needs probable cause to search your trunk.   Because of this fact the officer will ask questions, and observe your behavior in an attempt to develop the necessary probable cause to continue the search, or to obtain a search warrant.

In any event, this week’s case ultimately held that by consenting to a search one is waiving one’s Fourth Amendment right against unreasonable searches and seizures.  Additionally, the officer is not required to advise you of your Fourth Amendment right to refuse the search.  In other words, you always have the right to deny the officer’s request to search your vehicle.  Also, you always have the right to remain silent.

Don’t get me wrong – I certainly believe that honesty is the best policy.  However, I’m a firm believer that we are provided with constitutional rights for a reason.  For this very reason you have the right to remain silent and to deny the officer’s request to search your vehicle.

The next time that an officer is questioning you for the suspicion of an alleged crime, heed the sage words of the beloved luminary – Thumper – “If you don’t have anything good to say, don’t say anything at all.”

 

(505) SANCHEZ HELPS NEW MEXICANS UNDERSTAND YOUR RIGHT TO REMAIN SILENT IN ALBUQUERQUE, NEW MEXICO

 

Are you interested in your right to remain silent in Albuquerque, New Mexico?   Matthew Legan Sanchez is an experienced metropolitan court attorney in Albuquerque, New Mexico that can explain your right to remain silent in Albuquerque.  Sanchez can be reached by calling (505) SANCHEZ.