D.N.M.: Possession of a gun in car in Walmart parking lot wasn’t a crime and search for it under community caretaking function unreasonable

Police were called to a Walmart parking lot in Albuquerque because defendant was “unconscious” in his car in his car, and a gun was visible. The seizure of the gun and the interrogation surrounding it can’t be justified under the community caretaking function because possession of a firearm in a car isn’t a crime in New Mexico. United States v. Purvis, 2023 U.S. Dist. LEXIS 49299 (D.N.M. Mar. 23, 2023).

The failure to recall a warrant that led to defendant’s arrest was mere administrative negligence, not intentional or recklessness sufficient to support exclusion. United States v. Zahn, 2023 U.S. App. LEXIS 6962 (8th Cir. Mar. 23, 2023).*

The stoop of a house, even shared with the neighbor, is not a public place for enhancement of a battery. Similarly, it is curtilage under the Fourth Amendment, and it’s not open to the public. People v. Whitehead, 2023 IL 128051, 2023 Ill. LEXIS 150 (Mar. 23, 2023).*

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