Legal Question in Criminal Law in New Mexico

wrongfull arrest

i was arrested for felony in possesion of a fire arm in N.M on 3/26/08 the alleged gun was in my vehicle. (which was not regestered under my name) and the vehicle was taken that same day (3/26/08) i first approved the search of my vehicle but then revoked my approval. the vehicle was searched that same day and the gun was retrieved. but the search warrant was not signed or approved till 3/27/08 how shall i appraoch this case? and is there any way i can get this case dismissed?


Asked on 5/28/09, 10:05 pm

1 Answer from Attorneys
Dennis W. Montoya The Law Offices of Dennis W. Montoya

Re: wrongfull arrest

The facts that you discuss indicate that this is prime territory for a motion to suppress evidence. Be advised, however, that if you were lawsfully under arresat, a warrantless search of your vehicle for "inventory purposes" may have been legal.

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Answered on 5/30/09, 9:59 am


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