Albuquerque Criminal Lawyer Blog

Confrontation Clause Requires In Court Testimony of Analyst in Drug Cases

The United States Supreme Court finds that the 6th Amendment right to confrontation requires that an analyst who tested drugs in the lab must testify in court to get those lab results entered into evidence. This important case will impact both drug cases and DWI/DUI cases in Albuquerque and throughout New Mexico. The United States…

New Mexico Provides Greater Protection from Illegal Search & Seizure than Federal Law

The recent New Mexico Supreme Court case of State v. Joshua Garcia makes clear that Article II, Section 10 of New Mexico‘s Constitution extends greater protection from illegal search and seizure than that set forth in the 1991United States Supreme Court case of California v. Hodari D. State v. Garcia involved a domestic violence call…

The Vagaries and Absurdities of New Mexico DWI Law & Policy

In Albuquerque and throughout New Mexico, you can be charged with DWI even when you are under the legal limits. You can even be charged for DWI when you have not been driving at all. In fact, it is illegal to sleep in your truck after drinking. Albuquerque Police will charge you with DWI and…

Unlawful Search & Seizure Under the 4th Amendment

The 4th Amendment to the United States Constitution reads: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched,…

Albuquerque Court Takes the Driving out of Driving While Intoxicated

Most people are surprised to learn they can be charged with DWI/DUI even when below the limits of .08. In fact, under the limits DWI charges in Albuquerque are quite common. In fact, people are arrested for DWI even when they are not driving. A recent story in the Albuquerque Journal told the story of…

Reasonable Suspicion No Deterrence to New Mexico Drunk-Busters

The U.S. Supreme Court refused to hear a case involving a DWI arrest based upon an anonymous tip. Albuquerque and Bernalillo County officials appear unconcerned with the Court‘s ruling. Bernalillo County Sheriff Darren White stated “Believe me, I can tell you when a person‘s impaired.” The case itself involved an anonymous tip where the driver…

DWI Quotas for Albuquerque Police Lead to Below the Limits Arrests

A recent article in the Albuquerque Journal points out a DWI Quota for police officers on the Albuquerque Police Department‘s DWI Unit. DWI officers are required to make 2 DWI/DUI arrests each shift. This quota may be contributing to the rash of below the limits DWI arrests in Albuquerque. Most citizens believe that the standard…

Evasion of DWI Checkpoint is a Basis for Investigatory Stop

The Supreme Court of New Mexico overruled the New Mexico Court of Appeals in State v. Anaya. The Court of Appeals had ruled that evasion of a DWI/DUI Checkpoint was not an illegal act and therefore could not provide the reasonable suspicion necessary for an investigatory stop. The New Mexico Supreme Court ruled that the…

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