Albuquerque, NM asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for New Mexico

Q: Should I be able to get a dismissal with everything this cop did in order to impound my car?

A cop turned his lights on behind me whil I was parked off the road with car trouble. He ran my plate,&my tags,insurance: said both were both suspended. I told him my tags were suspended but insurance was valid& active as I had gotten it four days prior. I had been on my way to get my registration reinstated, when my car began running bad. He insisted my insurance was suspended &issued 2 citations to me. Then he stayed at my car, asking me  personal questions. I amswered because he was a cop. Next a K9  unit pulled up,& the cop told me he wanted the dog to walk around my car. The dog immediately jumped up to put his paws on my trunk. The dog handler put him away w/o having him walk around the car. The cop said the dog alerted for drugs  in my car& asked to search it. I said no, so he impounded my car and took my purse from me. They found 1.5g of meth in my purse.Was he allowed to keep questioning me after giving me my citations? Did he have probable cause to search or impound my car?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on what you’ve described, there may be grounds to challenge the actions of the officer and the legality of the search and seizure of your vehicle. After issuing the citations, the officer generally shouldn't continue to question you unless there is reasonable suspicion of another crime. Asking personal questions after the citations could be seen as overstepping, especially if it felt coercive.

The dog alerting without a proper search is another critical issue. A K9 alert typically provides probable cause for a search, but it sounds like the dog didn't complete a full walk around the car. If the dog merely jumped on the car without a full sniff, it might not be a legitimate alert. The handling of the K9 could be a point of contention in court, especially if the dog's actions were not consistent with standard procedures.

Additionally, impounding your car and seizing your purse to search it could be challenged. If the only basis for the search was the supposed alert from the K9, and that alert is deemed unreliable or insufficient, the search and the subsequent discovery of meth could be considered unlawful. You should consider discussing these details with an attorney who can analyze the specific facts, the officer's actions, and the evidence to see if there’s a valid argument for dismissal.

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