The New Mexico Court of Appeals just handed down a case holding that an inventory search was unreasonable where the officer did not exercise discretion as required by department policy.

Key Take-Aways
1. Know and understand your department's inventory policy.
2. Always exercise officer discretion, act as a reasonable officer would act.
3. Bad facts make bad law! Know the law like a lawyer, understand it, apply it.

State v. Andrew Ontiveros, No. A-1-CA-37870
https://coa.nmcourts.gov/home/formal-...

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Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at https://tacticalattorney.com

DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.