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Court broadens domestic violence arrest authority

Updated: 12/03/2013 8:22 AM | Created: 12/03/2013 8:21 AM
By: The Associated Press

SANTA FE, N.M. (AP) - New Mexico's highest court is giving police more leeway to make arrests without a warrant in domestic violence cases.

The state Supreme Court on Monday ruled that police can make a warrantless arrest when it's reasonably close to the scene of the domestic violence.

State law allows a warrantless arrest at the scene of a domestic disturbance, and the justices broadened that to include a location near the place where the incident happened.

The ruling overturned a state Court of Appeals decision that found Daniel Almanzar had been improperly arrested in 2007 across the street from the state fairgrounds in Albuquerque where he alleged kicked his girlfriend during a quarrel.

The justices said the arrest was lawful, allowing cocaine found during a search of Almanzar to be used as evidence.

(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)


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