2019 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 1 - Issuance of Process and Warrants
Section 31-1-5 - Procedures on arrest; reports.

A. Following arrest, any person accused of a crime is entitled to have reasonable opportunity to make three telephone calls beginning not later than twenty minutes after the time of arrival at a police station, sheriff's office or other place of detention. Nothing in this subsection limits any right to make telephone calls at any time later than twenty minutes after the time of arrival at the police station.

B. Every accused shall be brought before a court having jurisdiction to release the accused without unnecessary delay.

C. Within eighteen hours after the arrest of any person accused with having committed a misdemeanor or a felony, the arresting law enforcement agency shall notify the district attorney of:

(1) the name of the accused; and

(2) the offense charged.

History: 1953 Comp., § 41-1-5, enacted by Laws 1973, ch. 73, § 3.

Repeals. — Laws 1972, ch. 71, § 18, repealed former 41-1-5, 1953 Comp., relating to issuance of warrants for fugitives.

Jury instruction on right to make telephone calls. — Where defendant claimed that defendant had not been informed that defendant could make three telephone calls after arrest, the trial court did not abuse its discretion when the court refused defendant's request to instruct the jury on the requirements of Section 31-1-5 NMSA 1978, because the statute neither provides a defendant with a right to make three calls nor addresses an officer's duty to inform a defendant of the defendant's entitlement to make the calls. State v. Coleman, 2011-NMCA-087, 150 N.M. 622, 264 P.3d 523, cert. denied, 2011-NMCERT-008, 268 P.3d 513.

Effect of denial to accused to make calls. — Absent prejudice, no basis for release is established by denial of use of a telephone after arrest. State v. Gibby, 1967-NMSC-219, 78 N.M. 414, 432 P.2d 258.

Burden of proof. — Once a defendant proves that he has been denied access to a telephone for an extended period of time, the state bears the burden of proving a reasonable basis for the denial. State v. Bearly, 1991-NMCA-022, 112 N.M. 50, 811 P.2d 83.