Legal Question in Constitutional Law in New Mexico

HI, im 17 and live in an apartment complex albuquerque, new mexico. while being locked out after forgetting my keys, i decided to lay down and sleep outside my door on a mat i had purchased until my parents returned and let me in. is this illegal? could i be charged for this? ive seen many homeless men sleep publicly outside supermarkets and on streets and so assumed it would be no big deal especially since my parents pay montly rent for the place. i got to thinking though, maybe i should get up or i could be taken to jail since im almost a legal adult and new mexico has anti panhandling laws for the homeless men. plus the only way anyone could have seen me would have been for them to deliberately walk towards my door. nevertheless id like to know what my legal rights would have been had i been approached by an officer of some sort. thank you for your time and consideration to my question.


Asked on 8/21/09, 3:12 pm

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

They could only arrest you if you were trespassing, and then only if it were criminal trespass, which requires that you have received notice that you may not enter on the property at issue. Since you live there you would not be trespassing. You may be violating some provision of your parent's lease that could provoke the landlord, but the police would not be involved in that. If the police hassled you without knowledge that you were criminally trespassing you could be getting started on building a nice college fund.

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Answered on 8/27/09, 10:53 pm


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