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Prior to State Decision, Officer Could Have Reasonably Concluded "Possible Harm" Sufficient for Arrest

By Shari Allison

Herrera v. City of Albuquerque, 2009 WL 4755705 (12/14/09) (Published) - An arrest was okay because the officer could have reasonably concluded there was probable cause to believe the plaintiff violated N.M. Stat. Ann. § 30-6-1(D)(1)---child abuse by endangerment---by virtue of the unsanitary conditions in the home. Before the New Mexico Supreme Court clarified this year that there had to be a "probability" of harm to the child, a "possibility" of harm was enough. The officer at the time of the arrest could have felt the defendant had created the requisite possibility of harm.

Full post as published by Tenth Circuit Blog on December 22, 2009 (boomark / email).