I am willing to provide more clarity on this case. After reading the decision and hearing the courts interpretation versus what really happened is interesting. Feel free to get ahold of me and I can give you some intent behind what occurred.
Good question. Plain view requires lawful access and must work with either a warrant or another exception. For example, under New Mexico law, an officer may see contraband in plain view inside of a vehicle. Plain view alone does not justify entering the vehicle, the officer would have to get a warrant or have exigent circumstances. So to answer your question, plain view by itself will not justify entry into a locked container. The best thing to do is get a warrant.
So, thisl is interesting. A state that appears to expand citizen protection? I see the problem regarding searches (inventory) and I've been suspicious of vehicle "inventory" as a work around the 4th amendment but understand the rationale of doing so. (Would like a third party doing it though as a further protection for both parties). But to the question. We are fulltime RVers towing a 5th wheel. We conceal carry so have 2 keyed gun safes in the truck as well as 3 locking tool and storage boxes in its bed. What will be the effect of the change regarding these?
Every State is free to give enhanced protections under its own construction. New Mexico may be the most liberal in its expansion of rights. Most states follow 4th Amendment SCOTUS rationale, this means the gun safes could be opened and inventoried if the department policy allowed it, and it would be lawful. Gun laws also vary drastically across the country. I always research each state's law before traveling with firearms. Thanks for the comments and question.
It's still technically "unlawful" so theoretically it could. Best practices would be to not use marijuana or paraphernalia as the basis of a warrant unless the case is going to go federal.
It would depend upon your state law. New Mexico does not have an obstruction charge outside of refusing a lawful order so it would not be applicable here.
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I am willing to provide more clarity on this case. After reading the decision and hearing the courts interpretation versus what really happened is interesting. Feel free to get ahold of me and I can give you some intent behind what occurred.
Thank you sir! Please send me an email with your contact info I would love to discuss this more with you. escramlin@tacticalattorney.com
So would you be able to search a locked vehicle under Plainview doctrine
Good question. Plain view requires lawful access and must work with either a warrant or another exception. For example, under New Mexico law, an officer may see contraband in plain view inside of a vehicle. Plain view alone does not justify entering the vehicle, the officer would have to get a warrant or have exigent circumstances. So to answer your question, plain view by itself will not justify entry into a locked container. The best thing to do is get a warrant.
If you’re not a NewMexico officer just be thankful you’re not a New Mexico officer 😂🥲
So, thisl is interesting. A state that appears to expand citizen protection? I see the problem regarding searches (inventory) and I've been suspicious of vehicle "inventory" as a work around the 4th amendment but understand the rationale of doing so. (Would like a third party doing it though as a further protection for both parties). But to the question. We are fulltime RVers towing a 5th wheel. We conceal carry so have 2 keyed gun safes in the truck as well as 3 locking tool and storage boxes in its bed. What will be the effect of the change regarding these?
Every State is free to give enhanced protections under its own construction. New Mexico may be the most liberal in its expansion of rights. Most states follow 4th Amendment SCOTUS rationale, this means the gun safes could be opened and inventoried if the department policy allowed it, and it would be lawful. Gun laws also vary drastically across the country. I always research each state's law before traveling with firearms. Thanks for the comments and question.
With Paraphernalia being a citation in NM would even locating para in a vehicle during a tow inventory be enough to grant a warrant?
It's still technically "unlawful" so theoretically it could. Best practices would be to not use marijuana or paraphernalia as the basis of a warrant unless the case is going to go federal.
What if the automobile is locked before an inventory search can be taken could I be charged for obstruction?
It would depend upon your state law. New Mexico does not have an obstruction charge outside of refusing a lawful order so it would not be applicable here.
What’s your email address? I’d like to see if we can get you to Carlsbad PD for a Search Warrant Training.
Absolutely! I would love to talk to you. escramlin@tacticalattorney.com
More info at my website as well: tacticalattorney.com