NM Constitution Section 10 addresses which topic?

• A. Double Jeopardy
• B. Search and Seizure
• C. Right to Counsel
• D. Due Process

Answer: (B)

Protection against unreasonable searches and seizures, and the warrant process, is what this section covers. New Mexico’s Section 10 protects a person’s privacy by limiting how police can search a person or their property and seize evidence. The core idea is that searches and seizures should be reasonable and typically require a warrant based on probable cause, describing what or where is to be searched with particularity, and supported by oath or affirmation. This helps ensure that government power isn’t applied arbitrarily and that individuals have a safeguard against invasive police action. It’s the state-level counterpart to the federal Fourth Amendment protection, applied within New Mexico. This topic is distinct from protections against being tried twice for the same offense, rights to counsel, or the broader guarantees of due process, which cover different aspects of criminal procedure and rights.