Imagine having a quiet stroll down the street or a late night drive or just relaxing at home after a long day. The police show up and demand to search your property. You ask if they have a warrant, and they say no. What do you do?
In New Mexico, there are very few instances where law enforcement can do these searches without a warrant. The Fourth Amendment places clear limits on when these searches are lawful. As an ordinary citizen, you need to have a basic understanding of what they can and cannot do to protect not just your privacy, but more so your civil rights.
Searches without a warrant
The rules for searches depend on the areas where the event takes place. Here is a shortened guide you can use:
- Person: Police can pat you down if they have reasonable suspicion that you are carrying a firearm. They may do further searches, but only with probable cause, otherwise you will need to consent to the search.
- Vehicle: Officers may look inside your car during a traffic stop if they have probable cause or if they see something illegal in plain view.
- Home: Unless you are in an emergency or you willingly gave consent, the police will almost always need a warrant to search your home.
The rules are not too different when it comes to seizing property.
Seizure of property
A seizure refers to an event when police take your belongings as evidence, whether it is something on your person, in your vehicle or inside your home. Officers must have legal justification for this seizure to be lawful. An example of legal justification is if they have a valid warrant or probable cause that your belongings may be linked to a crime. Without legal justification, a seizure is unlawful, and you (through your lawyer) may challenge any evidence taken during the event in court.
What do you do if your rights get violated?
If police obtain evidence illegally, a court can throw it out and stop prosecutors from using it against you. This Exclusionary Rule upholds the rights of the citizens according to the Constitution.
Arm yourself with legal guidance
You may feel helpless and violated because of unlawful searches and seizures but know that you have options. A civil rights lawyer in New Mexico can help you challenge any illegally acquired evidence, hold law enforcement accountable and ensure your rights are fully defended.