NM: Tow and inventory of vehicle parked in owner’s driveway was unreasonable

The tow and inventory of the car defendant was driving, his grandmother’s, without a valid license was an abuse of the officer’s discretion. Here, the vehicle was parked in the grandmother’s driveway when the stop occurred. The officer’s practice of towing every vehicle where the driver is arrested is unreasonable here. State v. Ontiveros, 2021 N.M. App. LEXIS 70 (Dec. 20, 2021).

There was a sufficient showing for probable cause based on inference that drugs would be found in the premises to support the search warrant. Moreover, the good faith exception would apply if not. United States v. Barnes, 2021 U.S. Dist. LEXIS 241876 (W.D.Pa. Dec. 20, 2021).*

Defendant was seen with another dumping trash from a truck on an empty lot at 1:15 am. The officer made a U-turn and found defendant alone maybe 100 yards away. He admitted to dumping the trash. Running his name produced a warrant, and a search of his person produced drugs. There was reasonable suspicion for the encounter. State v. Wing, 2021 N.M. App. LEXIS 69 (Dec. 20, 2021).*