Legal Question in Criminal Law in New Mexico

illegal car search and fruit of the poisoned tree

During a routine traffic stop I believe there was a violation of certain of my constitutional rights, With no reasonable suspicion, I was subject to illegal search. . The officer also conducted a protective search with no cause after I gave him my valid driver's license, proof of registration and current vehicle insurance and after running my name which came up clear. He ordered me out of my car and pat me down violating my person with no due cause. because other than that, there was nothing indicating I was involved in illegality either before the stop or after he checked What I'm wondering is can I file a law suit against the city for violating my civil rights and unlawful arrest?


Asked on 7/03/01, 6:51 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: illegal car search and fruit of the poisoned tree

The answer is no. You are, unfortunately, mistaken about the extent of your constitutional rights during a routine traffic stop.

The officer has the right to pat you down for weapons for officer safety. He does not need any other reason or any probable cause.

Under recent US Supreme Court decisions he could have taken you into custody - be thankful he did not.

Please do not hear me as agreeing with this procedure. I report the law - I do not make it, nor do I necessarily endorse it, but I report it accurately whether or not I agree, as that is our obligation as citizens.

It is regretable that it has come to this, but the protective "pat-down" search by a law enforcement officer for his/her safety during a routine traffic stop has been held to be constitutionally permissible by the US Supreme Court.

They alone are charged with the responsibility of interpreting the Constitution.

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Answered on 7/03/01, 6:52 pm


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