Miscellaneous
This is the correct charge when you take someone's property by force with the intent to permanently deprive them of the property.
What is robbery?
This is the time of day you may normally execute a search warrant.
What is between 6 am and 10 pm?
This is the type of crime you would charge when the crime is motivated by an intent to harm based on someone's race.
What is a hate crime?
In general, law enforcement officers are not permitted to enter residences without this.
What is a warrant?
You charge this when someone willfully discharges a firearm at a dwelling or occupied building
What is Shooting at dwelling or occupied building?
What must be the morivation to enter a home without a warrant using the community caretaker emergency assistance doctrine?
What is the protection of human life or property in imminent danger?
This is the number of days you have to execute a warrant after it is approved.
What is 10 days?
The elements for assault.
What are an attempt to commit a battery or conduct that causes another to reasonably believe they are about to receive an immediate battery?
This is New Mexico's equivalent to the 4th Amendment.
What is Article II Section 10?
Shooting at or from a motor vehicle requires willfully discharging a firearm at or from a motor vehicle along with this.
What is reckless disregard for the person of another?
This is the charge when a person kills someone with premeditation.
What is first degree murder?
This is what the officer should leave at the place that was searched after the warrant has been execute.
What is a copy of the warrant, the affidavit and an inventory of items seized?
These are special types of victims for battery charges.
What are school personnel, sports officials, or health care professionals. (also police officers or household members)?
A protective sweep incident to arrest will be upheld if it satisfies these requirements.
What are articulable facts which, taken together with the rational inferences from those facts, which would warrant a reasonably prudent officer in believing that the area to be swept harbors an individual posing a danger to those on the arrest scene?
The New Mexico definition of household member for charging crimes against a household member.
What is spouse, former spouse, parent, present or former stepparent, present or former parent in-law, grandparent, grandparent-in-law, a co-parent of a child or a person with whom a person has had a continuing personal relationship? Cohabitation is not necessary
Another way to describe this standard is the reasonable person standard.
What is objectively reasonable?
All warrants must be supported by this.
What is a written showing of probable cause supported by oath or affirmation?
Using this will make a battery turn into an aggravated battery.
What is a deadly weapon?
A person have a reasonable expectation of privacy in their garbage placed on the curb for collection here.
Where s New Mexico?
The unlawful touching or application of force to another person's neck or throat with intent to injure that person and in a manner whereby great bodily harm or death can be inflicted, the result of which impedes the person's normal breathing or blood circulation
What is strangulation?
Murder in the first degree is the killing of one human being by another without lawful justification or excuse, by any of the meansby with which death may be caused these three ways.
(1) by any kind of willful, deliberate and premeditated killing;(2) in the commission of or attempt to commit any felony; or (3) by any act greatly dangerous to the lives of others, indicating a depraved mind regardless of human life.
You can not get a search warrant for blood for this charge even though you have probable cause.
What is a misdemeanor DWI?
What you charge when a person injures a pregnant woman in the commission of a felony causing her to suffer a miscarriage or stillbirth as a result of that injury.
What is Injury to pregnant woman?
These are 4 of the exceptions to the requirement for a warrant.
What are Plain View, Open Fields, Protective Sweep, Exigent Circumstances, Community Caretaker, Consent and Inventory Search
Consists of knowingly pursuing a pattern of conduct that is intended to annoy, seriously alarm or terrorize another person and that serves no lawful purpose. The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress.
What is Harrassment?