近距离内射合集

Police violated a Farmington man鈥檚 constitutional rights when they searched and impounded the car he was driving without a warrant following a 2017 traffic stop, the New Mexico Supreme Court found Monday.

Police improperly searched and impounded the car after the driver, Andrew Ontiveros, 37, parked in front of his grandmother鈥檚 home, Justice Briana Zamora wrote in the unanimous decision.

Police may impound and search a car for legitimate reasons 鈥渟uch as to protect a defendant鈥檚 property or to protect themselves from claims or disputes over lost or stolen property,鈥� Zamora wrote.

But in this case, the car was registered to Ontiveros鈥� grandmother and was 鈥渓egally parked at the registered owner鈥檚 home,鈥� Zamora wrote. Justices found that 鈥渢his vehicle parked at its owner鈥檚 residence was not under lawful custody or control by law enforcement.鈥�

A Farmington Police Department officer observed the car with a broken taillight and a cracked windshield in December 2017, court records show.

The officer arrested Ontiveros and impounded the car after finding that Ontiveros鈥� license had been revoked for a prior conviction of driving while intoxicated.

When police searched the car, they found methamphetamine and marijuana in the trunk, court records show.

Ontiveros pleaded guilty in 2018 to possession of a controlled substance and driving on a revoked license, but reserved the right to appeal the conviction.

The New Mexico Court of Appeals vacated the 11th Judicial District Court conviction, finding the inventory search violated Ontiveros鈥� protections under the Fourth Amendment of the U.S. Constitution.

Asked to review the ruling, the Supreme Court affirmed the Court of Appeals decision.

鈥淟eaving the vehicle where it was parked because no one else could immediately take possession of the vehicle did not subject the vehicle or Defendant鈥檚 property to an increased risk of theft or vandalism due to his arrest,鈥� Zamora wrote.