Complaint accuses state police of losing confiscated SUV

Nov. 24—A Farmington man says he cannot get his Cadillac SUV back after New Mexico State Police had the vehicle towed during a traffic stop over the summer.

Leo Lovato, who is incarcerated at Northwest New Mexico Correctional Center, has filed a complaint against the state police and Aztec Towing of Farmington, saying his vehicle could not be found by family members.

Lovato filed a complaint in August in state District Court in San Juan County; it was moved to federal court Wednesday. He is asking for either $10,000 — the amount he paid for the vehicle — or another truck of the same make and model.

State police arrested Lovato in June and seized his 2006 Cadillac Escalade. Investigators obtained a warrant days later to search the vehicle for evidence, according to a police affidavit describing the arrest.

Lovato wrote in his complaint an officer told him his truck would be towed when he was being arrested but would not tell him where it would be taken. When his mother attempted to retrieve the truck from the state police impound lot, he wrote, it was not there.

"Was told it was being held for evidence and that my family could not take it out," Lovato wrote. "Now my vehicle is no longer there when it should be if it was being held for evidence."

Lovato also wrote he was never provided the warrant police obtained to search his vehicle and he was not read his Miranda rights.

State police spokespeople did not return emails seeking comment on the complaint Friday.

State police had followed Lovato on June 8 from a Farmington residence to a 7-11 gas station, where they arrested him on warrants related to charges of fleeing law enforcement, the affidavit states. He was charged with possession of an illegal firearm and drugs, which police said were found on him upon arrest, plus several misdemeanors.

After seizing the Cadillac and searching it days later, police found it did not have a functional Breathalyzer ignition interlock system as required or insurance or registration, the affidavit states. Police also wrote a woman's social security card was found in a wallet in the car.