Is a police officer able to arrest my husband for an open container on our private property?

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Is a police officer able to arrest my husband for an open container on our private property?

And can an officer force himself into my house to search it ever after I ask for the search warrant?

Asked on May 15, 2012 under Criminal Law, New Mexico

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

An officer must have a search warrant to enter and search your home unless an emergency situation bypasses the need to obtain a warrant. typically officers wii issue citations for open alcohol in motor vehicle, but not open alcohol that is simply on private property. 


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