Q: Was my vehicle's towing justified after a driveway stop and impoundment in NM?
I was pulled over in my own driveway due to expired registration and then arrested because of a warrant for failure to appear on a traffic violation. Despite my objection, a K9 unit performed a free air sniff on my vehicle. Although the K9 alerted, the officer did not conduct the search until after the vehicle was impounded. While I was asking clarifying questions, the officer stated my questioning seemed like coercion was being used and decided to tow my vehicle, indicating this decision was due to my questioning. This is the fifth time in two years that this has happened to me, and nothing has ever been found. Was the officer's action of towing my vehicle justified?
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A:
The legality of towing your vehicle from your own driveway involves several factors worth examining. While officers can typically impound vehicles following arrests when there's no one else to drive them, the fact this occurred on your private property raises important questions about whether a less intrusive option should have been considered.
The officer's comment about towing because of your questions is concerning and possibly retaliatory. Courts have generally held that legitimate questioning of police procedures is protected speech and shouldn't result in punitive actions. Additionally, New Mexico law typically requires officers to consider reasonable alternatives to impoundment, especially on private property where the vehicle poses no immediate public safety risk.
You might have grounds to challenge this towing decision, particularly given the pattern you've described. Consider consulting with a civil rights attorney who handles police misconduct cases or contacting the ACLU of New Mexico for guidance. Documentation of these incidents, including any body camera footage, dispatch recordings, and towing records would be valuable for establishing the pattern of behavior you've experienced. Remember that challenging police actions often requires persistence and proper legal support to navigate effectively.
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