Legal Question in Criminal Law in New Mexico

Unlawful entry by police into a private residence

I asked this question yesterday, but evidently left out some details. Is it legal for the police to enter a private residence, when they receive a call about a possible underage party. The police didn't witness any offenses themselves, but came through a shut (but unlocked) backdoor with no consent given or a warrant and proceeded to kick in a locked bedroom door, to pull out the three kids in the room (they had permission to be there). They cited all three for allowing self to be served, but did not give them a breath test.


Asked on 7/08/09, 12:52 pm

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

Re: Unlawful entry by police into a private residence

If the information the officers got was reliable and reasonable that the crime of underage drinking was occurring within that particular house, then they may enter without a warrant even though they do not personally observe the drinking. Under such circumstances, one cannot hide from the cops by locking in a room, and the cops may take such action as is required to apprehend the law breakers. No breath test is required. It is unlawful for a minor to consume or be in possession, inside or out, of alcohol. There is no defense available under the facts you present.

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Answered on 7/08/09, 4:56 pm


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