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New Mexico Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: Is it legal for a store to have you removed by the police if you have not committed a crime.. then or ever??
T. Augustus Claus
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answered on Feb 8, 2024

In New Mexico, as in other states, store owners or managers have the right to refuse service to anyone or ask someone to leave their property for almost any reason that is not discriminatory under federal or state law (e.g., based on race, religion, gender, etc.). If a person refuses to leave after... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Constitutional Law for New Mexico on
Q: Can the police encroach on a property into the court the house and confiscate personal property without court order?
T. Augustus Claus
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answered on Feb 7, 2024

In New Mexico, as in the rest of the United States, the police generally cannot encroach upon private property and confiscate personal property without a court order, such as a search warrant, unless specific exceptions apply. These exceptions might include exigent circumstances where the police... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for New Mexico on
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

James L. Arrasmith
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answered on Jan 18, 2024

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... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Medical Malpractice for New Mexico on
Q: What can I do about being given medication without consent during a mental evaluation involuntary at an ER room NM

And permanent injury did occur

James L. Arrasmith
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answered on Jan 18, 2024

If you believe that you were given medication without your consent during an involuntary mental evaluation in an ER in New Mexico, and this led to permanent injury, you may have grounds for legal action. In healthcare, patient consent is a fundamental principle, especially when it comes to... View More

1 Answer | Asked in Constitutional Law for New Mexico on
Q: Legality of carrying brass knuckles. Is it legal to open carry brass knuckles in a fashion that it is visible.
James L. Arrasmith
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answered on Jan 11, 2024

Understanding the legality of carrying brass knuckles, especially in an open and visible manner, is important for ensuring that you're in compliance with the law. In New Mexico, the laws regarding weapons can be specific and sometimes vary from one jurisdiction to another.

Under New...
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1 Answer | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: How long can the police hold your property if they haven't done anything with it to get evidence off of it?

In 2020 my boyfriend was shot the cops took my dvr to get evidence off of it but haven't and I can't use my cameras for my safety without it. I have called left messages and nothing. My house has been broken into and I can't use my cameras. They have not done what they told me they... View More

James L. Arrasmith
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answered on Nov 5, 2023

In New Mexico, as in other states, the length of time the police can hold property as evidence can vary. Generally, law enforcement can retain it as long as it is considered relevant to an ongoing investigation or until the related criminal case is resolved. However, if you feel that an... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: How long can the police hold your property if they haven't done anything with it to get evidence off of it?

In 2020 my boyfriend was shot the cops took my dvr to get evidence off of it but haven't and I can't use my cameras for my safety without it. I have called left messages and nothing. My house has been broken into and I can't use my cameras. They have not done what they told me they... View More

James L. Arrasmith
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answered on Nov 5, 2023

In New Mexico, as in other states, the length of time the police can hold property as evidence can vary. Generally, law enforcement can retain it as long as it is considered relevant to an ongoing investigation or until the related criminal case is resolved. However, if you feel that an... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Constitutional Law for New Mexico on
Q: Where can I find an attorney to represent me in a case against a local new car dealership and credit union in Abq, NM?

Purchased new vehicle from franchised new car dealership. Received trade-in credit, and balance financed with a loan the dealer assigned to a local credit union. Dealer said CU will contact me with payment amount and due date. I bought supplemental coverages, paid TT&L fees, & sales tax -... View More

James L. Arrasmith
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answered on Nov 5, 2023

In seeking representation for your case, you would want to look for attorneys who practice consumer protection law or specialize in auto dealer fraud. The New Mexico State Bar Association offers a lawyer referral service that could connect you with a lawyer who has the relevant experience for your... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for New Mexico on
Q: Medical emergency. Overdose. Cop sees pot growing in closet. Next day cops come with search warrant.

I was charged arrested with possession of a controlled substance. Hired a attorney got my charges dismissed. The overdose statue 30-31-27.1. Can I sue police dept for search warrant charges arrest. Because this should of never happend.

James L. Arrasmith
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answered on Oct 15, 2023

If the actions of the police department violated the protections afforded to you under statute 30-31-27.1 or any other law, you may have grounds to bring a civil action against the department. The mentioned statute provides immunity from arrest, charge, and prosecution for individuals seeking... View More

2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for New Mexico on
Q: If the vehicle description is wrong or incorrect on a citation(s) should they automatically be dismissed?
James L. Arrasmith
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answered on Oct 15, 2023

Mistakes or errors on a citation, including inaccuracies in the vehicle description, do not necessarily result in automatic dismissal of the citation(s). While such errors may be relevant, they are not always determinative in court proceedings. The outcome of a citation case typically depends on... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for New Mexico on
Q: Iam out of town. Brother has arrest warrant. Police break down doors. I come home valuables missing.

Who would be responsible for doors and valuables. Our residence was left unsecured and unattended.

James L. Arrasmith
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answered on Oct 15, 2023

If the police executed a valid arrest warrant and followed proper procedure, the police department might not be liable for the damage to the doors.

However, if the officers acted negligently or outside the scope of their authority, the department could potentially be held responsible for...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for New Mexico on
Q: What can be done about perjury?

What, if anything, can be done if a victim/witness lied in a court hearing and also during a jury trial? I know this person lied because I know the truth of the matter. I would like to be able to talk to talk to someone or tell someone the truth but I don’t know how to go about it. The prosecutor... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 29, 2023

There are two ways in which to address this. The first and best way is in the trial present evidence of the lie. The other method is a complaint to the DA for perjury.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Public Benefits for New Mexico on
Q: is it posible for me to file a civil complaint on nm work force solutions for violating my equil opertunity rights
Tim Akpinar
Tim Akpinar
answered on Dec 13, 2021

A New Mexico employment law attorney might be able to advise best here, but your question remains open for four weeks. You could repost and add "Employment Law" as a category. There's no guarantee all posts are picked up. If still no response, you could reach out to NM employment law... View More

1 Answer | Asked in Constitutional Law for New Mexico on
Q: does congress has the right to do term limits
Tim Akpinar
Tim Akpinar
answered on Nov 8, 2020

There are term limits, but only so far as the length of a term, not the number of terms a member of Congress may serve. Terms are two years for representatives and six years for senators, with both enjoying unlimited terms. There have been developments on the issue you raise (limiting the number of... View More

1 Answer | Asked in Constitutional Law for New Mexico on
Q: My mom passed at home in Albuquerque do police automatically have the right to search my home
Tim Akpinar
Tim Akpinar
answered on Jan 26, 2020

I'm sorry for the loss of your mother, and that your question remains open for four weeks. Maybe you could repost under Criminal Law, or directly contact a criminal law attorney you find on this site or through your independent search. You're correct in that this is a constitutional law... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for New Mexico on
Q: can a charge hold up in court if the findings were obtained thru a search of house while only minor son present no war

cops came to my house (initialy to talk about daughter being pulled over at 4 am with adult male) knocked on door didnt announce they were police, after ? me and my bf about said incident they were going to leave but they said they smelled a foul oder which they believed to be weed. i called my... View More

William Jaksa
William Jaksa
answered on Jul 11, 2019

The very short answer is yes.

There are certainly triable issues and grounds to argue that the search warrant should never have been issued. Were the police acting within their duties when they originally attended? Where they lawfully within the dwelling when they observations (smelled the...
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1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for New Mexico on
Q: I have a complaint about the sheriff's department

I have a complaint about the sheriff'sdepartment illegally searching my house, twice and towing my car because I refused to file a false police report - what type of lawyer do I need? civil rights?

Marshall Jason Ray
Marshall Jason Ray
answered on May 23, 2016

There are attorneys who specialize in bringing lawsuits against law enforcement officers and agencies for violations of civil rights. They may advertise as personal injury or civil rights lawyers.

1 Answer | Asked in Constitutional Law, Civil Rights and Criminal Law for New Mexico on
Q: Completed a 3 year sentence in doc and just won my appeal in new Mexico court of appeals what actions can I take

I was found guilty by a jury I was sentenced to 5 1\2 years ..18 months for a 4th plus they gave me the 4 year obitual offender .. Court of appeals recently reversed my conviction

Marshall Jason Ray
Marshall Jason Ray
answered on Mar 19, 2016

You should consult with an attorney. What options you have will depend on many facts, which you have not provided here. For example, you may be contemplating bringing a civil rights lawsuit. You do not automatically have a case just because your conviction was overturned after you served some... View More

1 Answer | Asked in Constitutional Law for New Mexico on
Q: Can i carry my handgun in to stores in the open
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

http://www.dps.state.nm.us/index.php/nm-concealed-carry/

1 Answer | Asked in Constitutional Law for New Mexico on
Q: What is a fourth degree felony
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

http://www.criminaldefenselawyer.com/resources/criminal-defense/felony-offense/New-Mexico-felony-class.htm

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