{"id":5702,"date":"2012-05-28T20:47:39","date_gmt":"2011-06-27T07:33:13","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-06-27T07:33:13","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=5702","title":{"rendered":"NM: Removal of a gun seen under seat of car during a stop was a minimal intrusion"},"content":{"rendered":"<p>The officer\u2019s removal of the firearm from the vehicle was at most a minimal intrusion upon a personal possessory interest, as it was limited in duration and did not interfere with any legitimate use for the firearm. Because the need for officer safety outweighed the minimal intrusion upon a personal possessory interest occasioned by the officer&#8217;s retrieval of the firearm from the vehicle, it was reasonable, pursuant to N.M. Const. art. II, \u00a7 10, for an officer to temporarily take possession of a visible firearm during a lawful traffic stop. <a href=\"http:\/\/www.nmcompcomm.us\/nmcases\/NMSC\/2011\/11sc-023.pdf\">State v. Ketelson<\/a>, 2011 NMSC 23, 150 N.M. 137, 257 P.3d 957 (2011).<\/p>\n<p>Defendant claimed he was coerced to give consent, but the police independently acquired a search warrant, and that was enough to affirm. <a href=\"http:\/\/www.judicial.state.sc.us\/opinions\/displayOpinion.cfm?caseNo=4843\">State v. Spears<\/a>, 393 S.C. 466, 713 S.E.2d 324 (2011).*<\/p>\n<p>Defendant who walked away from a crashed stolen car, leaving her purse behind, abandoned it and did not show standing in the car. <a href=\"http:\/\/www.kscourts.org\/Cases-and-Opinions\/opinions\/CtApp\/2011\/20110610\/103358.pdf\">State v. Ralston<\/a>, 45 Kan. App. 2d<br \/>\n1024, 257 P.3d 814 (2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=5702\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5702","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5702","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5702"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5702\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5702"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5702"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5702"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}