Grounds for Vehicle Search
My question involves search and seizure law in the State of: New Mexico
Hi, I stumbled into this question for some time now.
I know that in some cases, such as the border checkpoints, a warrant is not required for the Officer to perform a simple search in someone's vehicle (ie. take a look in the trunk), all they need is Probable Cause.
From what I've read, Suspicious Behavior from the part of the driver can give the Officer reasonable suspicion, and therefore probable cause to do an inspection of his car.
I'm trying to figure out if attitudes such as constant refusal to show some basic documents (ID, drivers license..) is enough for the Officer to have grounds to perform a simple inspection in the vehicle. Keeping in mind that this is an area where drug smuggling is rampant, and undocumented immigrants exist in large number.
Cases that deal with this specific situation would also be helpful.
Thanks in advance
Re: Grounds for Vehicle Search
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Quoting
JohnKlark_12
My question involves search and seizure law in the State of: New Mexico
Hi, I stumbled into this question for some time now.
I know that in some cases, such as the border checkpoints, a warrant is not required for the Officer to perform a simple search in someone's vehicle (ie. take a look in the trunk), all they need is Probable Cause.
Border checkpoints are administrative searches and require NO PC.
Many airport screeners are government employees now, and as such, these would also be administrative searches, as it is not practical nor constitutionally required to secure a warrant for every search, impossible.
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From what I've read, Suspicious Behavior from the part of the driver can give the Officer reasonable suspicion, and therefore probable cause to do an inspection of his car.
Depending on what took place, any so called "furtive gesture/furtive movements" can give rise to permitted search in the area of such immediate control.
Michigan v. Long, USSC, ruled an officer who has a reasonable belief a person may have a weapon at hand and can access it, the officer may search in that area. This ruling expanded Terry v. Ohio in which an officer could pat down or "Terry frisk" a person detained when they have a reasonable belief they may be armed.
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I'm trying to figure out if attitudes such as constant refusal to show some basic documents (ID, drivers license..) is enough for the Officer to have grounds to perform a simple inspection in the vehicle. Keeping in mind that this is an area where drug smuggling is rampant, and undocumented immigrants exist in large number.
Cases that deal with this specific situation would also be helpful.
Thanks in advance
Firstly refusal to show a DL when drving can be an arrestable offense. Then the vehicle can be impounded.
IF other documents are asked for and not given the officer may be able to, in some jurisdictions, do what is called a "credentials search" and look through the glove compartment, visor, etc. Whether this doctrine is alive in NM, I don't know.
Re: Grounds for Vehicle Search
Re: Grounds for Vehicle Search
Quote:
Quoting
JohnKlark_12
thank you!
You are welcome!