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

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.