My boyfriend was arrested in Albuquerque, NM for drug possession (methamphetamine) during the execution of an arrest warrant stemming from traffic violations which had already been paid. Does this count as illegal search and seizure since the warrant was invalid?
2006-12-30 16:40:15 · 18 answers · asked by Zephyr 1 in Politics & Government ➔ Law Enforcement & Police
You are a fool if you take any answers on this forum as being worth following. Only an attorney from New Mexico can give you an opinion on whether there are problems with that search. And, of course, there is a lot of information about the warrant and the search that is not present. Those are all things that should be given to the attorney, in order to get a valid opinion.
Sorry about the loss of his meth. (yeah, right)
2006-12-30 16:57:57 · answer #1 · answered by p_carroll 3 · 0⤊ 0⤋
Unless New Mexico has a State Constitution that is vastly more protective than the US Constitution, this is a fairly easy question to answer.
If the officer who arrested your boyfriend was acting on an honest and reasonable belief that a valid warrant for his arrest had been issued, it does not matter that it was later determined that the warrant should have been revoked. The officer had probable cause to make the arrest AT THAT TIME.
Therefore, a search incident to arrest is warranted and most state courts would not find this to be an illegal search and seizure.
2006-12-30 17:02:33 · answer #2 · answered by snowdrift 3 · 2⤊ 0⤋
I would advise you to look at the laws in the state of NM. They had to charge him with something and like CA there has to be a penal code or a charge that you can look up. Find out if a warrant has been taken care of, if they can still enter a dwelling without a warrant. I know in CA if the warrant was no longer valid and he was not on parole or probation or if the person who's house he was at was not on parole or probation that is definately illegal search and seizure and the whole case would be dismissed. I wish you all the best.
2007-01-01 12:55:54 · answer #3 · answered by ladystarrchild107 3 · 0⤊ 0⤋
I'm confused, was he arrested for possessing meth, and at the time of his arrest his car was searched? If you are arrested for drugs then the police have a right to search for more. they don't need a warrant. but if he was arrested for speeding, then at the time they didn't have a reason to search his vehicle. (Unless they smelled alcohol, saw drug paraphenellia etc) If the warrant is already paid, then that should have been cleared through the courts. If he's your boyfriend still, then I'd leave him for doing drugs. This is not good. he will only drag you down. Kick him to the curb.
2006-12-30 16:46:32 · answer #4 · answered by JBWPLGCSE 5 · 0⤊ 0⤋
+I hear this every day and it is really sad, but, our great President Bil Clinton , came on t,v, asking the people for a law so the police could search without a warrant any gov, sit or building, as the blacks who lived in the housing projects could dispose of weapons or drugs before the police could get a warrant,, which was complete B,S, as the law always had authority to search if they saw a crime happening, but, the public said so what if they put those blacks in prison, but , when the law was written it said ( any building,premises, or any where the gov,had an interest,??? now do you know of one place the gov, does not have an interest??? yes they can search your home , car, or your body without a warrant , so good by 4th amendment,
2006-12-30 16:55:31 · answer #5 · answered by james w 3 · 0⤊ 0⤋
No it was not. To the officers, the warrant was a good warrant on that individual. Only thing that would have made a difference is if the warrant was for someone else.
Like the other person said. You need to dump your boyfriend. That meth stuff is for trash.
2006-12-31 08:29:27 · answer #6 · answered by deftonehead778 4 · 0⤊ 0⤋
till New Mexico has a State shape it extremely is extremely greater protecting than the U. S. shape, this is a incredibly common question to respond to. If the officer who arrested your boyfriend replaced into appearing on an common and actual looking theory that a valid warrant for his arrest were issued, it is not important that it replaced into later desperate that the warrant could have been revoked. The officer had in all possibility reason to make the arrest at that factor. as a result, a seek incident to arrest is warranted and maximum state courts does no longer locate this to be an unlawful seek and seizure.
2016-10-06 06:01:24 · answer #7 · answered by ? 4 · 0⤊ 0⤋
If the warrant is invalid of course it is an illegal search. You must have a legal search warrant to go and search anything but if your bf had possesion of drugs in his car or carrying them with him they have every right to search him and his car if he is pulled over but have no right to search his house.
2006-12-30 16:44:04 · answer #8 · answered by Johnny Cockrin 1 · 0⤊ 1⤋
no because they served the warrant on what sounds like information they currently had and following procedure doing a search found an illegal substance. happens everyday!
2006-12-30 16:43:32 · answer #9 · answered by gunnyhoney1 2 · 2⤊ 0⤋
if the warrant hadn't been quashed, which sometimes they are not, it was still a valid warrant.
I am worried about people today, when they will still consider someone who is busted with meth as a boyfriend.
2006-12-30 16:45:24 · answer #10 · answered by qncyguy21 6 · 1⤊ 0⤋