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When you or someone you love has been a victim of police misconduct in Santa Fe, it can be hard to know what to do. Police misconduct can range from discriminatory practices through profiling to police brutality and excessive force. These incidents can make you feel powerless and cause you injury, financial harm, and other losses. They can also erode any trust you have in the police system.
In New Mexico, you have the option to file a civil claim if you are the victim of police misconduct. The attorneys at Egolf + Ferlic + Martinez, LLC, can hold law enforcement officers and agencies accountable for the harm they’ve caused.
Types of Police Misconduct in New Mexico
There are numerous forms of police misconduct that can occur at any level of police work and they can be committed by individual officers or agencies. Some of the most common forms of police misconduct include:
- Excessive use of force. Law enforcement officers who use force beyond what is necessary can cause serious injury. This includes physical violence, intimidation, weapon use, dangerous restraints, and other forms of excessive force.
- Illegal search and seizure. Law enforcement officers need a warrant, your consent, or probable cause to search your property. Without any of these, a search of your property is illegal and a breach of your constitutional rights.
- False arrest. Law enforcement officers also need probable cause or a warrant to conduct an arrest. An arrest made without probable cause may amount to a false arrest and therefore a violation of your rights.
- Racial profiling. Bias and discrimination in police work occur when police arrest or otherwise target someone based on race and ethnicity instead of any evidence of wrongdoing.
The New Mexico Civil Rights Act of 2021 offers a state-level option for those who have had their civil rights violated. You can file a civil claim under the Act, which can lead to legal consequences for agencies, administrative discipline against officers, and even financial compensation in some cases. In Santa Fe, these claims may be filed in the First Judicial District Court.
Excessive Use of Force and Police Brutality in Santa Fe
Under police misconduct laws, in order to determine whether force was excessive, the question is whether an officer’s use of force was objectively unreasonable. That is, the force used must have been justified in the circumstances.
Under Santa Fe County’s standard operating procedures (SOPs), objectively reasonable is defined as how a reasonable law enforcement officer would act with a similar level of training and experience.
The SOPs list the factors considered when assessing objectively reasonable conduct, including:
- The severity of the criminal offense
- If the individual was an immediate threat to the law enforcement officer
- The methods the individual was using to resist arrest or detention
- The methods the individual was using to evade arrest
Reasonable force should also consider the law enforcement officer’s size, skill, health, age, and strength, along with the number of officers present at the scene. In 2023, data showed that the Santa Fe Police Department’s use of force increased by 74% since 2021.
