Bernalillo, NM asked in Constitutional Law and Criminal Law for New Mexico

Q: pulled over for speeding, police impounded car to get search warrant after i refused search

officer claimed he smelt fentynal so he asked to search the car i said no, he claimed i said yes but i kept saying no. threatened me by stating he would call my husband probation officer if i refused to let him search car. car isnt mine. my husband and i just cashed our check that we needed to pay the mortagae and police refused to let us have our money. phone pinging that either car is at police station or phone is at police station and car is elsewhere. did not get any paper work regarding the speeding issue or impounding the car.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: You have a few important steps to take right away. First, make sure to document everything that happened, including the officer’s threats, your refusal to consent to the search, and the fact that you didn't receive any paperwork. This documentation will be crucial for your defense and any future legal actions you may need to take.

Next, contact a lawyer immediately. Explain the situation in detail, including the officer's claim of smelling fentanyl, the impoundment of the car, and the threat involving your husband’s probation officer. A lawyer can help you understand your rights, guide you through the legal process, and ensure that your property, including your money, is returned.

Also, follow up with the police station to get clarity on the location of your car and phone. It's essential to retrieve any paperwork related to the impoundment and the speeding issue, as you are entitled to this information. Your lawyer can also assist in communicating with the police and ensuring that your rights are upheld throughout this process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.