NM court rules against pretextual stops by police

Full story: Alamogordo Daily News

New Mexico's Constitution prohibits police from stopping a driver on a pretext so they can search the person's vehicle for drugs or other evidence of wrongdoing, the state Court of Appeals ruled Monday.
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Since: Jan 08

Alamogordo,,now

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#1
Nov 4, 2008
 

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Something just not right here. A drug task force officer not allowed to tell the cop? That is just plain stupid.....especially if they had been watching that house. He should have been stopped anyhow for no seatbelt.
Mr Know it all

Albuquerque, NM

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#2
Nov 4, 2008
 

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Great way to make it harder on the good guys, trying to keep us safe and drugs off the street. Thanks to you the great state of NM for tying their hands. Blaahhhh
Steve

Alamogordo, NM

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#3
Nov 4, 2008
 

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You people just don't get it. Someday, it will be you who are stopped for no good reason and I wonder what they will "find" in your vehicle. The police have too much power as it is and it needs to be diminished. They can pin any charge on you they like and almost always get away with it. We are losing our freedoms bit by bit, day by day, and no one seems to notice or care.(Thanks liberals) I applaud this decision.

“Valkyrie”

Since: Feb 08

Alamogordo

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#4
Nov 4, 2008
 

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Wow, I have been pulled over before and nothing magical was found in my vehicle. How paranoid are you Steve? Perhaps you should seek therapy for that.

Since: Feb 08

Otero County

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#5
Nov 4, 2008
 
Keep in mind that it was not that many years ago that a court in NM ruled that a person had an expectation of privacy to the air around the OUTSIDE of a vehicle.
Needless to say that was over turned rather quickly!

Since: Jan 08

Alamogordo,,now

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#6
Nov 4, 2008
 

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Steve wrote:
You people just don't get it. Someday, it will be you who are stopped for no good reason and I wonder what they will "find" in your vehicle. The police have too much power as it is and it needs to be diminished. They can pin any charge on you they like and almost always get away with it. We are losing our freedoms bit by bit, day by day, and no one seems to notice or care.(Thanks liberals) I applaud this decision.
No one is taking away anyone's freedom ! Maybe the idiot shouldn't have had drugs in his car! I don't care if I AM pulled over...I have no drugs, or crap in my car. You, sir, are paranoid........The guy was pulled over with darn good reason.......and now the cops hands are tied...Stupid idea.

Since: Dec 07

AOL

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#7
Nov 4, 2008
 

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Some lessons here:

Always Buckle Up.

Never carry your Stash in the car.

Never trust a Cop who's watching you.

Always save enough of your drug money for a Lawyer.
Chuck S

Albuquerque, NM

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#8
Nov 4, 2008
 

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Does this mean it is legal to be a drug runner or dealer? This has got to be one of the stupidist things I have ever heard. He left a drug house. I think that is called "probable cause".

I wonder how many of these Santa Fe judges rely on these drug deals for their own personal comforts. They sure do seem to be taking a lot of actions to protect the addicts and dealers.
Chuck S

Albuquerque, NM

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#9
Nov 4, 2008
 

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Steve wrote:
You people just don't get it. Someday, it will be you who are stopped for no good reason and I wonder what they will "find" in your vehicle. The police have too much power as it is and it needs to be diminished. They can pin any charge on you they like and almost always get away with it. We are losing our freedoms bit by bit, day by day, and no one seems to notice or care.(Thanks liberals) I applaud this decision.
So how long have you been dealing Steve? Seems like only a user or a dealer would be in favor of this. We have a drug war going on. If I need to be stopped because I seem to be acting wrong, then I thank the police for the attempt to keep this poison off the streets.

So what is the deal then? Were you born stupid or are you the victim of too many bad choices?
Steve

Alamogordo, NM

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#10
Nov 4, 2008
 

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You still don't get it. The point of the decision was "pretextual", meaning an "appearance assumed in order to disguise the real intention". Maybe it has to happen to you before you "get it". There are so many laws in this country that I guarantee you are breaking at least one of them every day and you don't even know it. Given the "right" circumstances, any of you could get caught up in something just because of a pretextual police inquiry. Be careful what you wish for. Do you want the police to have the power to stop you for anything they deem as a pretext to investigate you further. If so, then there's nothing else I can say. And no, I'm not a dealer, paranoid, or the victim of my own bad choices. I love people who can't debate without attacking. It reveals much about their character and intelligence.
Wes Gentry

Albuquerque, NM

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#11
Nov 4, 2008
 

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Edmundo wrote:
Some lessons here:
Always Buckle Up.
Never carry your Stash in the car.
Never trust a Cop who's watching you.
Always save enough of your drug money for a Lawyer.
Damn...the only one that I can apply is to buckle up! And I rd do that!

“Valkyrie”

Since: Feb 08

Alamogordo

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#12
Nov 4, 2008
 

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Especially for you Steve

"Dream Police"
Words and music by Rick nielsen

The dream police, they live inside of my head.
The dream police, they come to me in my bed.
The dream police, they're coming to arrest me, oh no.

You know that talk is cheap, and those rumors ain't nice.
And when I fall asleep I don't think I'll survive the night, the night.

'Cause they're waiting for me.
They're looking for me.
Ev'ry single night they're driving me insane.
Those men inside my brain.

The dream police, they live inside of my head.
(Live inside of my head.)
The dream police, they come to me in my bed.
(Come to me in my bed.)
The dream police, they're coming to arrest me, oh no.

Well, I can't tell lies,'cause they're listening to me.
And when I fall asleep, bet they're spying on me tonight, tonight.

'Cause they're waiting for me.
They're looking for me.
Ev'ry single night they're driving me insane.
Those men inside my brain.

I try to sleep, they're wide awake, they won't leave me alone.
They don't get paid to take vacations, or let me alone.
They spy on me, I try to hide, they won't let me alone.
They persecute me, they're the judge and jury all in one.

'Cause they're waiting for me.
They're looking for me.
Ev'ry single night they're driving me insane.
Those men inside my brain.

The dream police, they live inside of my head.
The dream police, they come to me in my bed.
The dream police, they're coming to arrest me.

Since: Jan 08

Alamogordo,,now

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#13
Nov 4, 2008
 

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Steve wrote:
You still don't get it. The point of the decision was "pretextual", meaning an "appearance assumed in order to disguise the real intention". Maybe it has to happen to you before you "get it". There are so many laws in this country that I guarantee you are breaking at least one of them every day and you don't even know it. Given the "right" circumstances, any of you could get caught up in something just because of a pretextual police inquiry. Be careful what you wish for. Do you want the police to have the power to stop you for anything they deem as a pretext to investigate you further. If so, then there's nothing else I can say. And no, I'm not a dealer, paranoid, or the victim of my own bad choices. I love people who can't debate without attacking. It reveals much about their character and intelligence.
Yeah, Steve, we get it..
Trouble is, this guy was not being picked on........he left a known drug house. Why is that not reason enough to check him out? Lo and behold he had the crap on him. I get so tired of people worrying that they're privacy is being invaded. If we aren't doing anything wrong, then why worry??
I don't have anyone watching my house, or recording my calls..........and if they were, they would be bored to death.
Steve

Alamogordo, NM

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#14
Nov 4, 2008
 

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It's unfortunate you think that way... "I get so tired of people worrying that they're privacy is being invaded. If we aren't doing anything wrong, then why worry??" It's exactly this line of thinking that is slowly but surely turning out constitutional republic into a socialist society. It's exactly this line of thinking that enabled a certain German leader in the 40's to kill millions of "I'm not doing anything wrong, why should I worry?" people. Do a little research on Joe Stalin...or Castro. Well, I hate to break it to you, but there's a little thing called the Bill of Rights that covers our privacy...but why let that get in the way!

Here's the deal...the article states that he left a drug house. He was stopped for "not wearing a seatbelt". He wasn't stopped for suspicion of drug possesion. He was stopped under a false pretext, and that is a scary proposition! It leads to corruption and loss of freedom, but apparently I'm the only one on this thread that cares about that. It doesn't matter if he was busted with the crap. The evidence was gathered illegally. That's the price we pay for living within our system. If we don't restrict the powers of the police or government then all that's left is tranny! We would rather have a guilty person go free then condemn an innocent man...or would you have it the other way around?

“Valkyrie”

Since: Feb 08

Alamogordo

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#15
Nov 4, 2008
 

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Steve wrote:
It's unfortunate you think that way... "I get so tired of people worrying that they're privacy is being invaded. If we aren't doing anything wrong, then why worry??" It's exactly this line of thinking that is slowly but surely turning out constitutional republic into a socialist society. It's exactly this line of thinking that enabled a certain German leader in the 40's to kill millions of "I'm not doing anything wrong, why should I worry?" people. Do a little research on Joe Stalin...or Castro. Well, I hate to break it to you, but there's a little thing called the Bill of Rights that covers our privacy...but why let that get in the way!
Here's the deal...the article states that he left a drug house. He was stopped for "not wearing a seatbelt". He wasn't stopped for suspicion of drug possesion. He was stopped under a false pretext, and that is a scary proposition! It leads to corruption and loss of freedom, but apparently I'm the only one on this thread that cares about that. It doesn't matter if he was busted with the crap. The evidence was gathered illegally. That's the price we pay for living within our system. If we don't restrict the powers of the police or government then all that's left is tranny! We would rather have a guilty person go free then condemn an innocent man...or would you have it the other way around?
Our new president is a socialist. Get use to it
Steve

Alamogordo, NM

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#16
Nov 4, 2008
 
Forgive my spelling, it should read...all that's left is "tyranny" and ...have a guilty person go free "than" condemn an innocent man.

“Valkyrie”

Since: Feb 08

Alamogordo

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#17
Nov 4, 2008
 

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Steve, how can you expect privacy on a PUBLIC road?
Steve

Alamogordo, NM

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#18
Nov 4, 2008
 

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I know he is a Marxist/Socialist, and I will never get used to it! Get ready for the second term of "Jimma" Carter!
Steve

Alamogordo, NM

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#19
Nov 4, 2008
 

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I do expect privacy on a public road in my private car and so should you!! Read the 4th Ammendment! Are you saying that people have no expectation of privacy as soon as they step out of their front door? You find it reasonable to be stopped and searched without cause just because you're on a public road. WOW!
Michael Morris

San Francisco, CA

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#20
Nov 4, 2008
 

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Steve, the ones arguing with you will never get it. They are fearful people who view police as saviors rather than a necessary evil. They lack an understanding of the nature of an actual free society because they have never personally been violated. They fail to recognize that the greater power in the hands of the government the less power in the people. I have often wondered how these same people can wave the flag that represents a society founded on principles of the people in charge of the government rather than the government in charge of the people. They see a politician declaring a "war on drugs" as a red light emergency requiring a surrender of the right to be free of governmental intrusion. That is always the mechanism. Our most recent examples would be the Bill of Rights suspending "Patriot" Act and the militarization of our society in the supposed war on drugs.

Without understanding freedom it is impossible to recognize when it no longer exists. Personally, reading the comments, I think much of what was said to rebut you is based on the need to feel superior to the targets of the latest "war on ..." and also the result of watching too much TV. It is strange how popular it is today to cheer for the team in blue as you watch the police engage in conduct that is orders of magnitude beyond that which begat this nation. Know that we are all not that bitter, hateful and angry. Neither are we all divested of our history.

I suppose now I will be subjected to some schoolyard accusations that I must be some nefarious character with darned good reason to fear the police otherwise why would I mind a little squat and spread if I had nothing to hide.

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