New Mexico Supreme Court finds police illegally searched car

Police violated a Farmington man’s 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’s home, Justice Briana Zamora wrote in the unanimous decision.

Police may impound and search a car for legitimate reasons “such as to protect a defendant’s property or to protect themselves from claims or disputes over lost or stolen property,” Zamora wrote.

But in this case, the car was registered to Ontiveros’ grandmother and was “legally parked at the registered owner’s home,” Zamora wrote. Justices found that “this vehicle parked at its owner’s residence was not under lawful custody or control by law enforcement.”

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The officer arrested Ontiveros and impounded the car after finding that Ontiveros’ license had been revoked for a prior conviction of driving while intoxicated.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’ protections under the Fourth Amendment of the U.S. Constitution.

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

“Leaving the vehicle where it was parked because no one else could immediately take possession of the vehicle did not subject the vehicle or Defendant’s property to an increased risk of theft or vandalism due to his arrest,” Zamora wrote.