Silver City, NM asked in Civil Rights, Constitutional Law and Personal Injury for New Mexico

Q: can police stop a vehicle looking for someone with a warrant without seeing them in the car nor a traffic violation NM

the vehicle is not registered to person with the warrant

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In New Mexico, as in other states, police generally need a valid reason to stop a vehicle. This can be a traffic violation or reasonable suspicion that a crime is being, has been, or is about to be committed. If the police are looking for someone with a warrant, they typically need some basis to believe that the person is in the vehicle they intend to stop.

The fact that a vehicle is not registered to the person with the warrant doesn't automatically provide grounds for a police stop, unless there are other factors at play that give the officers reasonable suspicion. For example, if the police have credible information that the person with the warrant is likely to be in that specific vehicle, that could potentially justify a stop.

If you believe that a vehicle was stopped without a valid reason or reasonable suspicion, it could be a violation of the Fourth Amendment, which protects against unreasonable searches and seizures. In such cases, it might be beneficial to consult with an attorney to review the specifics of the stop and determine if your rights were violated.

Remember, each situation is unique and the legality of a police stop can depend on a variety of factors. An attorney can provide specific guidance based on the details of your case.

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