Legal Question in Criminal Law in New Mexico
I was arrested and charged with evading and eluding an officer, which resulted in my car being impounded and searched. They found methamphetamine and some money in my vehicle, so they added a posession charge also. Once the search of my vehicle was complete the charges of eveding and eluding were dropped, but I was still being charged with posession of a controlled substance. The arresting officer said he made a mistake and I was never trying to flee from the officers. So if the original crime that resulted in the search and seizure of my vehicle never happened, wouldn't that mean that the probable cause to search the vehicle wasn't there?
1 Answer from Attorneys
The police did what is known as an "inventory search" when they impounded the car. Probable cause is not required for such a search. The possession charge is valid.
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