Constitutional Rights

Términos de Libertad Condicional Sujetos a Aplicación Abusiva y Potencialmente Racista

Términos de Libertad Condicional Orientados Hacia el Fracaso Cuando se habla de la injusticia del sistema de justicia penal, uno de los primeros lugares a observar es la libertad condicional. La mayoría de los términos de la libertad condicional son discrecionales por parte del oficial de libertad condicional. Esto significa que el oficial de libertad…

Terms of Probation and Parole Geared Toward Failure

When talking about the injustice of the criminal justice system, one of the first places to look is the prisons. To address prisons, one way to approach is through probation and parole which seems more geared toward filling prison beds than rehabilitation. This is in fact no different than prisons themselves and the New Mexico…

Highway Peril: Beware of Civil Asset Seizure

Travel comes with a few risks.  Most of these are well known and relate to safety.  Most travelers routinely prepare of these prior to any extended trip. Aside from the normal precautions that you may need to take when going on a road trip, consider also taking precautions for a less widely known hazard of road trip…

Looking Suspicious Does Not Alone Justify Search & Seizure in New Mexico

The issue of illegal search and seizure will come up in a countless variety of situations. One such situation is the search and seizure of the occupants of a parked vehicle for looking suspicious. The fact is, at least in New Mexico, such a search and seizure is illegal without more. Because the search and…

Legal Scope of Search Warrants Somewhat Elusive

The requirement of a valid search warrant prior to the search of individual‘s property is a very important 4th Amendment protection. It is pretty clear that a failure to properly secure a search warrant where one is required constitutes an illegal search and seizure under the 4th Amendment. However, as with most issues of constitutional…

Search Warrants Issued by Phone

The 4th Amendment illegal search and seizure protections are closely guarded in New Mexico. In fact, the New Mexico courts by way of the New Mexico Constitution often extend these protections beyond those found under federal law. The requirement of a validly obtained search warrant is one very important protection against search and seizure. A…

Show of Force and Voluntary Consent to Search and Seizure

The 4th Amendment protections against illegal search and seizure are among the greatest protections afforded to citizens. There are very strict criteria for search and seizure. An illegal search and seizure will result in illegally seized evidence being excluded. This potential is the greatest deterrent to abusive search and seizure practices of law enforcement. In…

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