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but you'll get a refund. LAS CRUCES, N.M. (CN) – Police officers may not detain suspects, without reasonable suspicion, as long they are not violating any of the 5th Amendment to U.S. Constitution, a federal judge said today.
"This is about the right to be free from unreasonable seizures," U.S. District Judge Thomas C. Goethal wrote in his decision, which he rejected the State of New Mexico's demand that a former State Police officer be charged with violating the 5th Amendment and conspiring to violate an individual's 5th Amendment rights by detaining a suspect without probable cause and any reason at all.
State Attorney General Hector Balderas sought to have the former officer indicted on a "joint criminal enterprise" charge alleging that on January 1, 2012 he and two other members of his state police team, arrested and detained then-State Police Sgt. Gary Averill of San Juan Bautista under the color of authority, which is unlawful under their Fourth Amendment duties.
Balderas wanted to charge the former officer with a first degree felony, in violation of Clonazepam 1mg what is it for Section 13 the New Mexico State Constitution.
Although Goethal rejected the first degree felony charge, Balderas' "joint criminal enterprise" charge remained and the former officer was again indicted. And that, he said, could lead to new violations of Section 13 the New Mexico Constitution.
"The statute must be read on the assumption that an officer is not engaging in a joint criminal enterprise unless he also engages in a subsequent separate criminal enterprise without knowing it," Goethal wrote in his decision.
Balderas wanted to charge the former officer with an offense of conspiracy, but Goethal found that a conspiracy charge violates the 2nd Amendment. Goethal also noted that the alleged "conspirators" in criminal conspiracy case also include the original State Police officer who was involved in the Jan. 1, 2012 investigation on Balderas' orders.
Goethal did find that the State Police officers violated 5th Amendment if they used force to arrest and detain Averill, whose seizure of Averill took place outside a government building, as they were supposed to. But Goethal wrote that no constitutional violation occurred since Averill wasn't actively acting against the New Mexico State Police or the Police. Balderas' request for Averill's arrest, detention and search was "not reasonably related to the performance" of State Police officer's duties.
Goethal also granted the State Police officer's motion under the 5th Amendment to dismiss other counts of felony conspiracy. Goethal dismissed one count of conspiracy, related to Averill's arrest and detention, as well three counts of tampering with evidence related to Averill's detention. All were based on the conclusion that Averill wasn't "person" in actual criminal conspiracy, which would have given the State Police officer right to detain and search him, arrest as long the State Police officer believed he was engaged in criminal activity with some type of "person" involved.
"As a result, an arresting officer may search Averill and his possessions without a warrant and with probable cause at the State Police station, while officer is not otherwise engaged in any law enforcement activity that will lead to Averill's arrest, even though the officer has probable cause"
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