Miscellaneous

Not-So-Fresh Pursuit

By Anne Skove, Esq.

When is a "fresh pursuit" not?

When it crosses county lines and it's based on a non-arrestable offense. So says the New Mexico Court of Appeals.

Sure, suspicion of DWI is cause for arrest, but the initial stop here was for violation of a city noise ordiance. "Shhh!" quickly turned into something deeper. Field sobriety tests, pepper spray, and hitting ensued.

The prosecutor is none too pleased with the decision, saying it gives offenders a safe haven -- the next county over.

See N.M. Traffic Stop Leads to Divisive Court Ruling, Jeff Proctor, Albuquerque Journal (February 18, 2008).

Full post as published by court-o-rama.org on February 18, 2008 (boomark / email).