State Ex Rel. Department of Public Safety v. One 1986 Peterbilt Tractor

1997 NMCA 050, 940 P.2d 1182, 123 N.M. 387
CourtNew Mexico Court of Appeals
DecidedMarch 11, 1997
Docket16829
StatusPublished
Cited by9 cases

This text of 1997 NMCA 050 (State Ex Rel. Department of Public Safety v. One 1986 Peterbilt Tractor) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Department of Public Safety v. One 1986 Peterbilt Tractor, 1997 NMCA 050, 940 P.2d 1182, 123 N.M. 387 (N.M. Ct. App. 1997).

Opinion

OPINION

FLORES, Judge.

1. Jose Trujillo, Jr. (Trujillo) appeals from a judgment of the district court finding that a Cummings truck engine (Engine) bearing an altered vehicle identification number was contraband and subject to forfeiture by the New Mexico State Police. Four issues are raised on appeal: (1) whether NMSA 1978, Section 66-3-507 (Repl. Pamp.1994) is a forfeiture statute to be narrowly construed against the State; (2) whether the words “true owner” in Section 66-3-507(C)(3) can be equated with the “chain of title owner” described in Section 66-3-507(B); (3) whether the district court judgment impermissibly interferes with interstate commerce and full faith and credit among states; and (4) whether the district court lacked subject matter jurisdiction in this proceeding in rem. We affirm on all issues.

FACTS

2. The facts are undisputed. On October 27, 1994, Trujillo drove his 1986 Peterbilt tractor and refrigerated trailer into the port of entry on Interstate 10, near Anthony, New Mexico. The locking pin/slider frame was not engaged on the vehicle. As a result, personnel from the Motor Transport Division of the New Mexico Taxation and Revenue Department conducted a full safety check of the vehicle that included examining the Engine compartment. While the safety check was being conducted, Agent Rudy Ramirez observed that the Engine’s VIN was missing. On further examination, he observed grind marks on the stamped Engine number that were not consistent with factory production. Thereafter, he obtained written consent from Trujillo to search the vehicle and conducted further examination and testing of the Engine. Agent Ramirez determined that the Engine number had been altered and that the number stamped on the Engine block had been ground off and stamped over. Despite the tests performed, Agent Ramirez was unable to determine the original number for the Engine. In an effort to determine the original owner, he contacted the manufacturer of the Engine, but was unable to identify the original owner. Several potential numbers for the Engine were identified, but none of them had been reported stolen. The Engine was apparently a rebuilt engine.

3. Trujillo presented a bill of sale, title documents, and insurance from the State of California evidencing that he had purchased the vehicle in California on June 1, 1992 for use in his business. No evidence was presented that Trujillo had participated in or had knowledge of the removal of the Engine’s VIN tag or the alteration of the stamped Engine number. The New Mexico State Police impounded the Engine as contraband pursuant to Section 66-3-507. After a hearing, the district court ruled that Trujillo was not the “true owner” of the Engine and that the Engine was contraband and subject to being retained by the New Mexico State Police for police purposes or destroyed.

DISCUSSION

I. Propriety of Seizure.

4. Trujillo argues that the district court erred in upholding the State’s right to seize the Engine from his tractor under the provisions of Section 66-3-507. He additionally argues that in reaching its decision the district court failed to narrowly construe the statute and that the court erred in finding that he was not the “true owner” of the Engine and entitled to its return.

5. Section 66-3-507(A) provides in applicable part:

Any person receiving, disposing of, offering to dispose of or having in his possession any vehicle or motor vehicle or motor vehicle engine, shall make adequate inquiry and inspection to determine that no manufacturer’s serial number, engine number or other distinguishing number or mark or identification mark or number placed thereon under assignment of the division has been removed, defaced, covered, altered or destroyed.

6. Section 66-3-507(B) provides procedures for New Mexico law enforcement officials inspecting vehicle and engine VINs to impound the vehicle and/or engine and to petition a district court for a hearing to declare any vehicle or engine contraband when inspection indicates that the identification number is “removed, defaced, covered, altered or destroyed.” Section 66-3-507(B) also defines an owner who is entitled to replevy the impounded vehicle and/or engine, as:

an owner who can trace his [or her] ownership of that vehicle, motor vehicle or motor vehicle engine, from the manufacturer by furnishing the court records indicating the identity of all intermediate owners.

7. Section 66-3-507(C) provides exceptions to the general rule that a vehicle and/or engine with a removed, defaced, covered, altered or destroyed VIN number “shall” be declared contraband. The applicable portion of the statute in this instance is Section 66-3-507(0(3), which reads as follows:

Such vehicle, motor vehicle or motor vehicle engine, shall not be considered contraband when:
(3) it clearly appears that the true owner is in no way responsible for the altering, concealing, defacing, destroying or alteration.

8. Trujillo contends that the district court erred in determining that although he was an innocent purchaser of the Engine and was not responsible for defacing or altering the VIN, nevertheless, he was not the “true owner” of the Engine within the meaning of Section 66-3-507(C). He also argues that the district court erred in declaring the Engine contraband.

9. Statutes similar to Section 66-3-507 have been enacted in a number of states. As noted in 7A Am.Jur.2d, Automobiles and Highway Traffic Section 353 (1980):

In a number of jurisdictions, statutes make the alteration, change, erasure, defacing, or mutilation of identifying numbers of motor vehicles, or the possession, sale, or offering for sale of a motor vehicle from which the manufacturer’s serial number, or other identifying marks, have been removed, defaced, or altered, a criminal offense, regardless of knowledge or intent concerning such fact on the part of the possessor. Such statutes have generally been held constitutional as a valid exercise of the police power, cognizance being taken by the courts that not only is the stealing of motor vehicles an extensive criminal avocation, but that stolen vehicles are used extensively in the commission of other crimes. They do not unconstitutionally deprive a person of his liberty or property without due process of law, or deny him the equal protection of the law. But a provision purporting to authorize forfeiture or destruction of a vehicle, or engine thereof, whose identification numbers have been removed, altered, defaced, or destroyed, has been held unconstitutional in the absence of a provision requiring notice and a hearing wherein the owner could oppose the forfeiture and destruction. (Footnotes omitted.)

10.The main purpose of construing statutes is to determine the meaning and intent of the legislature. See Roth v. Thompson, 113 N.M. 331, 332, 825 P.2d 1241, 1242 (1992).

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Bluebook (online)
1997 NMCA 050, 940 P.2d 1182, 123 N.M. 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-public-safety-v-one-1986-peterbilt-tractor-nmctapp-1997.