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The New Mexico Court of Appeals just handed down a case holding that an inventory search was unreasonable where the officer did not exercise discretion as required by department policy.
Key Take-Aways
1. Know and understand your department's inventory policy.
2. Always exercise officer discretion, act as a reasonable officer would act.
3. Bad facts make bad law! Know the law like a lawyer, understand it, apply it.
State v. Andrew Ontiveros, No. A-1-CA-37870
coa.nmcourts.g...
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Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at tacticalattorn...
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