State v. Benally

Summary

The New Mexico Supreme Court held that under the former Forfeiture Act, a seizure occurs when law‑enforcement officers deprive a person of possessory interest in property, which includes money found inside a seized vehicle. Accordingly, the thirty‑day filing period began when the vehicle was impounded on June 23, 2011, making the State’s forfeiture complaint filed on July 27 untimely, and the Court affirmed the lower courts’ dismissal.