http://www.searchandseizurelaw.com/ New Mexico Search & Seizure Lawyer en-us Copyright 2007 Sun, 11 Mar 2007 21:14:41 +0000 Sun, 11 Mar 2007 21:41:39 +0000 http://www.movabletype.org/?v=3.16 http://blogs.law.harvard.edu/tech/rss 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... http://www.searchandseizurelaw.com/our-cases-51-kennedy-oliver-prosecuting-class-action-against-albuquerque-over-cash-seizures.html http://www.searchandseizurelaw.com/our-cases-51-kennedy-oliver-prosecuting-class-action-against-albuquerque-over-cash-seizures.html Our Cases Sun, 11 Mar 2007 21:14:41 +0000 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... http://www.searchandseizurelaw.com/news-and-commentary-50-al-unser-acquitted-in-albuquerque-metropolitan-court.html http://www.searchandseizurelaw.com/news-and-commentary-50-al-unser-acquitted-in-albuquerque-metropolitan-court.html News and Commentary Tue, 19 Dec 2006 18:24:21 +0000 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... http://www.searchandseizurelaw.com/-48-update-and-sonderstand-comment.html http://www.searchandseizurelaw.com/-48-update-and-sonderstand-comment.html Wed, 19 Oct 2005 00:52:19 +0000 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... http://www.searchandseizurelaw.com/sexual-abuse-47-kennedy-oliver-obtain-32-million-verdict-for-survivor-of-sexual-molestation.html http://www.searchandseizurelaw.com/sexual-abuse-47-kennedy-oliver-obtain-32-million-verdict-for-survivor-of-sexual-molestation.html Sexual Abuse Sun, 24 Jul 2005 17:08:43 +0000 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... http://www.searchandseizurelaw.com/tenth-circuit-criminal-cases-46-state-university-employees-search-of-safe-held-not-government-action.html http://www.searchandseizurelaw.com/tenth-circuit-criminal-cases-46-state-university-employees-search-of-safe-held-not-government-action.html Tenth Circuit Criminal Cases Wed, 06 Jul 2005 02:03:06 +0000 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... http://www.searchandseizurelaw.com/section-1983-45--civil-rights-win-for-teen-interrogated-and-threatened-by-social-worker.html http://www.searchandseizurelaw.com/section-1983-45--civil-rights-win-for-teen-interrogated-and-threatened-by-social-worker.html Section 1983 Fri, 24 Jun 2005 01:36:08 +0000 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... http://www.searchandseizurelaw.com/excessive-force-44-albuquerque-police-misconduct-lawsuit-results-in-jury-verdict.html http://www.searchandseizurelaw.com/excessive-force-44-albuquerque-police-misconduct-lawsuit-results-in-jury-verdict.html Excessive Force Sat, 11 Jun 2005 21:59:14 +0000 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... http://www.searchandseizurelaw.com/tenth-circuit-criminal-cases-43-officer-safety-concerns-justified-warrantless-search-of-truck.html http://www.searchandseizurelaw.com/tenth-circuit-criminal-cases-43-officer-safety-concerns-justified-warrantless-search-of-truck.html Tenth Circuit Criminal Cases Sat, 11 Jun 2005 20:57:43 +0000 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... http://www.searchandseizurelaw.com/-42-false-arrest-claim-against-the-city-of-albuquerque-dismissed-.html http://www.searchandseizurelaw.com/-42-false-arrest-claim-against-the-city-of-albuquerque-dismissed-.html Wed, 08 Jun 2005 00:40:43 +0000 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... http://www.searchandseizurelaw.com/tenth-circuit-criminal-cases-40-warrantless-search-of-toolbox-approved-as-administrative-search-of-junkyard.html http://www.searchandseizurelaw.com/tenth-circuit-criminal-cases-40-warrantless-search-of-toolbox-approved-as-administrative-search-of-junkyard.html Tenth Circuit Criminal Cases Tue, 07 Jun 2005 00:42:38 +0000 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... http://www.searchandseizurelaw.com/new-mexico-criminal-cases-39-new-mexico-court-approves-tribal-police-dwi-stop-in-gallup.html http://www.searchandseizurelaw.com/new-mexico-criminal-cases-39-new-mexico-court-approves-tribal-police-dwi-stop-in-gallup.html New Mexico Criminal Cases Fri, 03 Jun 2005 00:06:32 +0000 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... http://www.searchandseizurelaw.com/section-1983-38-civil-rights-opinion-affirms-privacy-in-commercial-property.html http://www.searchandseizurelaw.com/section-1983-38-civil-rights-opinion-affirms-privacy-in-commercial-property.html Section 1983 Fri, 27 May 2005 02:06:06 +0000 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... http://www.searchandseizurelaw.com/our-cases-37-new-mexico-civil-rights-lawyers-challenge-state-transfers-of-cash-to-feds.html http://www.searchandseizurelaw.com/our-cases-37-new-mexico-civil-rights-lawyers-challenge-state-transfers-of-cash-to-feds.html Our Cases Wed, 25 May 2005 00:24:07 +0000 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... http://www.searchandseizurelaw.com/news-and-commentary-36-aclu-challenge-to-city-of-albuquerque-seizure-statute.html http://www.searchandseizurelaw.com/news-and-commentary-36-aclu-challenge-to-city-of-albuquerque-seizure-statute.html News and Commentary Thu, 19 May 2005 02:05:00 +0000 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... http://www.searchandseizurelaw.com/section-1983-35-district-court-dismisses-civil-rights-claim-of-unlawful-state-removal-of-minor-children-from-home.html http://www.searchandseizurelaw.com/section-1983-35-district-court-dismisses-civil-rights-claim-of-unlawful-state-removal-of-minor-children-from-home.html Section 1983 Thu, 19 May 2005 02:01:54 +0000