http://www.searchandseizurelaw.com/ New Mexico Search & Seizure Lawyer en-us 2007-03-11T21:14:41+00:00 http://www.searchandseizurelaw.com/our-cases-51-kennedy-oliver-prosecuting-class-action-against-albuquerque-over-cash-seizures.html Kennedy & Oliver is happy to report that it is one step closer to a complete resolution of its class action against the City of Albuquerque related to the seizure and disposition of cash from citizens. Kennedy & Oliver is... Our Cases Joe Kennedy 2007-03-11T21:14:41+00:00 http://www.searchandseizurelaw.com/news-and-commentary-50-al-unser-acquitted-in-albuquerque-metropolitan-court.html Recently, race car legend, Al Unser, went to trial on charges of refusal to obey an officer and on charges of resisting arrest. I attended some of the trial in Metropolitan Court in Albuquerque. Al Unser's testimony was similar to... News and Commentary Joe Kennedy 2006-12-19T18:24:21+00:00 http://www.searchandseizurelaw.com/-48-update-and-sonderstand-comment.html I’m afraid I have fallen behind in my case reviews. I will be giving a seminar here in Albuquerque in early December on police liability issues. Last year, that seminar was a good occasion for me to catch up on... Joe Kennedy 2005-10-19T00:52:19+00:00 http://www.searchandseizurelaw.com/sexual-abuse-47-kennedy-oliver-obtain-32-million-verdict-for-survivor-of-sexual-molestation.html On Friday, July 22, 2005, a jury in the United States District Court for the District of New Mexico awarded L.S., a nine year old child, $1.2 million in compensatory damages and $2 million in punitive damages. On May 8... Sexual Abuse Joe Kennedy 2005-07-24T17:08:43+00:00 http://www.searchandseizurelaw.com/tenth-circuit-criminal-cases-46-state-university-employees-search-of-safe-held-not-government-action.html In a decision that has far-reaching consequences for school searches, the Tenth Circuit held that a state employee's search of a safe "out of curiosity" did not implicate Fourth Amendment concerns because the state employee did not intend to look... Tenth Circuit Criminal Cases Joe Kennedy 2005-07-06T02:03:06+00:00 http://www.searchandseizurelaw.com/section-1983-45--civil-rights-win-for-teen-interrogated-and-threatened-by-social-worker.html In a stunning reversal of the district court's entry of summary judgment for a social worker, the Tenth Circuit ruled that a teen's complaint alleging a two hour interrogation, laced with threats of arrest, in a school counselor's office was... Section 1983 Joe Kennedy 2005-06-24T01:36:08+00:00 http://www.searchandseizurelaw.com/excessive-force-44-albuquerque-police-misconduct-lawsuit-results-in-jury-verdict.html In a case tried in Santa Fe, a young man was awarded $100,000 after a jury found that the officer used excessive force in his detention. The jury found for the defendants on claims of false arrest and unreasonable detention... Excessive Force Joe Kennedy 2005-06-11T21:59:14+00:00 http://www.searchandseizurelaw.com/tenth-circuit-criminal-cases-43-officer-safety-concerns-justified-warrantless-search-of-truck.html On January 23, 2003, at about 3:00 a.m., James Bryan (Macine Gun)Dennison was in his gold truck, with camper shell, hanging out with his pal, Keith Allen, in the parking lot of an apartment complex in Englewood, Colorado after having... Tenth Circuit Criminal Cases Joe Kennedy 2005-06-11T20:57:43+00:00 http://www.searchandseizurelaw.com/-42-false-arrest-claim-against-the-city-of-albuquerque-dismissed-.html In Tanberg v. Sholtis, 03-2231 (March 16, 2005), the Tenth Circuit affirmed the mid-trial dismissal of false arrest claims against an Albuquerque police officer. The opinion is notable for its qualified immunity analysis and the relevance, if any, of police... Joe Kennedy 2005-06-08T00:40:43+00:00 http://www.searchandseizurelaw.com/tenth-circuit-criminal-cases-40-warrantless-search-of-toolbox-approved-as-administrative-search-of-junkyard.html In a decision with layers of Fourth Amendment issues, the Tenth Circuit approved the warrantless search of a toolbox at a work station when police were on the premises of a junkyard conducting a search pursuant to a state “chop... Tenth Circuit Criminal Cases Joe Kennedy 2005-06-07T00:42:38+00:00 http://www.searchandseizurelaw.com/new-mexico-criminal-cases-39-new-mexico-court-approves-tribal-police-dwi-stop-in-gallup.html The New Mexico Court of Appeals held that a Navajo Police Officer’s DWI stop of a motorist in the Gallup city limits was reasonable under New Mexico law. The Court reasoned that state law did not prohibit the Navajo Police... New Mexico Criminal Cases Joe Kennedy 2005-06-03T00:06:32+00:00 http://www.searchandseizurelaw.com/section-1983-38-civil-rights-opinion-affirms-privacy-in-commercial-property.html In Mimics, Inc. v. The Village of Angel Fire, 03-2214 (January 3, 2005), the Tenth Circuit denied qualified immunity to an officer for his intentional, warrantless entry into a commercial property for the alleged purpose of enforcing the state and... Section 1983 Joe Kennedy 2005-05-27T02:06:06+00:00 http://www.searchandseizurelaw.com/our-cases-37-new-mexico-civil-rights-lawyers-challenge-state-transfers-of-cash-to-feds.html Kennedy & Oliver have joined forces with Albuquerque lawyer Glenn Smith Valdez to challenge the State of New Mexico's practice of bypassing the New Mexico Forfeiture Act in favor of the more profitable federal forfeiture route. The New Mexico State... Our Cases Joe Kennedy 2005-05-25T00:24:07+00:00 http://www.searchandseizurelaw.com/news-and-commentary-36-aclu-challenge-to-city-of-albuquerque-seizure-statute.html ACLU attorney, Paul Kennedy (brother of this blogger), argued in state district court that the recently enacted City of Albuquerque car seizure statute violates due process principles. The City of Albuquerque has passed a forfeiture law allowing it to seize... News and Commentary Joe Kennedy 2005-05-19T02:05:00+00:00 http://www.searchandseizurelaw.com/section-1983-35-district-court-dismisses-civil-rights-claim-of-unlawful-state-removal-of-minor-children-from-home.html A Section 1983 civil rights plaintiff who raises a due process claim for the state’s warrantless removal of her children from the home faces huge obstacles of proof and an almost insurmountable legal obstacle in the qualified immunity defense. The... Section 1983 Joe Kennedy 2005-05-19T02:01:54+00:00