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Criminal Law

: Fourth Amendment

NM: DWI qualified for citizen's arrest by non-commissioned officer

By John Wesley Hall, Jr.

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Defendant was arrested for DWI by a non-commissioned officer dispatched by the local police department to investigate defendant’s accident. While the officer lacked statutory authority to arrest, the arrest was still valid an a citizen’s arrest and did not violate the Fourth Amendment. State v. Slayton, 2009 NMSC 54, 2009 N.M. LEXIS 564 (November 6, 2009). The search warrant for defendant’s house was issued for “mere evidence” (Warden v. Hayden), his green card, to show that he was not always in possession of it, and it was lawful under Rule 41(c)(1). ("A warrant may be issued for any of the following: [¶] (1) evidence of a crime; [¶] (2) contraband, fruits of crime, or other items illegally possessed; ...continue to full post

Full post as published by Fourth Amendment on December 27, 2009 (boomark / email).

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