Legal Question in Constitutional Law in New Mexico

Is it legal for a DEA agent to walk into my backyard and look through my windows if I have never been contacted by him and if I am not doing anything illegal and wasn\'t even home at the time?


Asked on 7/31/09, 1:45 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Technically it is trespassing, but probably not one the District Attorney will prosecute or that the courts would impose a penalty for. Your best bet is to file a formal complaint with DEA internal affairs if you feel strongly about the agent's actions. Your best advice is to let it go as no harm came to you and you undoubtedly have better things to do than hassle with the DEA.

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Answered on 8/05/09, 6:03 pm


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