Vega was arrested last summer for underage drinking and concealing his identity after police say they tracked the GPS on a stolen Iphone to the west side house he shared with three other young men.
Two officers entered the home without a warrant, claiming it was an emergency because they had seen vomit outside the house.
A judge threw out the charges and agreed with Vega that APD had no right to go into the home without permission or a warrant.
“It’s our understanding that the court dismissed the case because she felt the search was illegal under the United States constitution,” District Attorney Kari Brandenburg said.
The suit also alleges that APD had no business having one of those officers on the force in the first place.
That officer, Yoki Maurx, was convicted of contempt of court two years ago for lying on the stand in a DWI case.
Officer Maurx's lapel camera video showed him laughing as he helped himself into Vega’s home.
“I think that guy may have alcohol poisoning, no I’m serious,” Maurx said.
Vega's attorney claims the officers are laughing about using that as an emergency excuse to go into the house.
Vega, who was a star quarterback at Goddard in Roswell and then in junior college at NMMI, was kicked off the UNM football team after the arrest in August.
Coach Bob Davie reinstated him after the charges were dropped in February.
Vega claims he was humiliated by the false arrest and that it cost him playing time and money.
He was not charged for the stolen cell phone and it doesn't appear that anyone in the home was.