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Pretextual Stops

In State vs. Ochoa, it was held that New Mexico law departs from federal precedent, and makes pretextual stops illegal. In other words, even if the arresting officer has a valid reason to detain someone, the detention is unconstitutional if the real reason for the detention is to attempt to uncover other, unrelated criminal conduct.

Arguing that a stop is pretextual is difficult: Officers are not likely to admit to having ulterior motives to stop or detain citizens. However, each case is different, and sometimes an officer's motivation behind an arrest can be gleaned from seemingly unrelated evidence. I recently argued a motion based on the Ochoa decision, and my client's case was dismissed. In the case I litigated, evidence of the officer's whereabouts as caught on surveillance cameras combined with his conduct, line of questioning, and driving behaviors sufficiently demonstrated that though the officer claimed that he stopped my client for a minor traffic violation, his true intentions were to investigate other, unrelated, criminal conduct.

If you have been a victim of a pretextual stop, then please contact my firm. As an Albuquerque criminal defense attorney, I can make sure that your rights are properly defended against the offending police officer. Get in touch with my firm today by calling our office or filling out a free case evaluation.

Categories: Criminal Defense
  • We Prepare Every Case For Trial

    Regardless of whether we take it that far, learn how we are fully prepared to fight for you.

    Learn More
  • Experience Makes All The Difference

    We have a reputation for success and an established history of advanced education and training.

    Our Victories
  • Charged With Drunk Driving?

    Get aggressive DWI/DUI defense and fight to keep your license! We also handle vehicle seizures.

    How We Can Help
  • Have You
    Been Arrested?

    Fill out a free case evaluation form and learn how we can fight aggressively on your behalf.

    Get Started Now
The Romero Law Firm, P.A.
Albuquerque Criminal Defense Attorney
Located at 1001 5th St. NW
Albuquerque, NM 87102.
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Phone: (505) 633-8828
(505) 345-9616
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