Legal Question in Native American Law in New Mexico

gun held for ''safe keeping'' not being returned

a friend of mine was driving on a state road on isleta pueblo to work. he was driving on a suspended license and was pulled over. he was arrested for driving on a suspended license and his gun which was in the car was held for safe keeping he was told he could get it back the next day. 3 months later he still has not been able to get it back, and the officer is making up new reasons why each time. she should not be able to keep his gun, right? what should he know to be able to get it back?

Asked on 2/07/03, 7:07 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: gun held for ''safe keeping'' not being returned

He should first contact her superior officer in the Isleta PD, and explain his problem. Failing that, he should write a letter to the Chief, certified mail, keeping a copy. After that, if it doesn't work, he will have to resort to the tribal court to compel return of the weapon.

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Answered on 2/08/03, 12:03 am

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