2018 New Mexico Statutes
Chapter 4 - Counties
Article 41 - County Sheriff
Section 4-41-2 - Duties.]

The sheriff shall be conservator of the peace within his county; shall suppress assaults and batteries, and apprehend and commit to jail, all felons and traitors, and cause all offenders to keep the peace and to appear at the next term of the court and answer such charges as may be preferred against them.

History: Kearny Code, Sheriffs, § 4; C.L. 1865, ch. 99, § 3; C.L. 1884, § 398; C.L. 1897, § 734; Code 1915, § 1260; C.S. 1929, § 33-4416; 1941 Comp., § 15-3802; 1953 Comp., § 15-40-2.

Cross references. — For enforcement of county ordinances, see 4-37-3 NMSA 1978.

For collection and disposition of fees by sheriffs of H class counties, see 4-44-15 NMSA 1978.

For maintenance of records as to confinement and release of prisoners, see 4-44-19 NMSA 1978.

For allowances and reimbursement of expenses for feeding prisoners, see 4-44-19, 4-44-20 NMSA 1978.

For collection and disposition of fees, commissions, mileage and per diem, see 4-44-28, 4-44-29 NMSA 1978.

For enforcement of game laws, see 17-2-19 NMSA 1978.

For enforcement of trappers' and fur dealers' provisions, see 17-5-8 NMSA 1978.

For carrying of weapons, see 30-7-2 NMSA 1978.

For penalty for resisting or obstructing officer, see 30-22-1 NMSA 1978.

For penalty for refusing to aid officer, see 30-22-2 NMSA 1978.

For penalty for permitting prisoner to escape, see 30-22-11 NMSA 1978.

For duties pertaining to forest fire laws, see 30-32-3 NMSA 1978.

For control of jails, see 33-3-1 NMSA 1978.

For collection of contributions under Unemployment Compensation Law, see 51-1-36 NMSA 1978.

For duties pertaining to the Detoxification Reform Act, see 43-2-1.1 NMSA 1978.

For arrest procedure for violations of motor vehicle laws, see 66-8-122 NMSA 1978 et seq.

For arrest of persons obstructing or causing injury to highways, see 67-7-11 NMSA 1978.

For execution of orders of livestock board, see 77-3-2 to 77-3-10 NMSA 1978.

For power of officers to stop vehicles transporting livestock or carcasses, see 77-9-46 NMSA 1978.

County sheriff is conservator of peace. — A sheriff and his deputies are conservators of the peace within their county. Anchondo v. Corrections Dep't, 1983-NMSC-051, 100 N.M. 108, 666 P.2d 1255.

Suppressing breaches of the peace. — The power and duty of a law enforcement officer to suppress breaches of the peace includes the right to take any reasonable steps to prevent such breaches from occurring when the officer has good reason to believe that a disturbance may occur. State v. Prince, 1999-NMCA-010, 126 N.M. 547, 972 P.2d 859.

Preventing breaches of the peace. — The power and duty to suppress breaches of the peace includes the right to take any reasonable steps to prevent such a breach from occurring when the officers have good reason to believe that a disturbance may take place. State v. Hilliard, 1988-NMCA-066, 107 N.M. 506, 760 P.2d 799, cert. denied, 107 N.M. 468, 760 P.2d 160 .

Duties as to maintenance of roads and extinguishment of fires. — Sheriffs are conservators of the peace, law enforcement officers and arms of the courts and have no duties pertaining to the maintenance of roads or the extinguishment of fires. Sanchez v. Board of County Comm'rs, 1970-NMCA-058, 81 N.M. 644, 471 P.2d 678, cert. denied, 81 N.M. 668, 472 P.2d 382.

Liability under 41-4-12 NMSA 1978. — The statutory obligations that officers cooperate with prosecutors and bring defendants before the courts are primarily designed to protect the public by ensuring that dangerous criminals are removed from society and brought to justice; accordingly, as with the duty to investigate crimes under 29-1-1 NMSA 1978, the duties of cooperating with prosecutors, diligently filing complaints, and bringing defendants before the courts inure to the benefit of private individuals, and the violation of these statutory duties may give rise to a cognizable claim under the Tort Claims Act, Chapter 41, Article 4 NMSA 1978. Weinstein v. City of Santa Fe ex rel. Santa Fe Police Dep't, 1996-NMSC-021, 121 N.M. 646, 916 P.2d 1313.

County sheriff is conservator of peace within his county. 1955-56 Op. Att'y Gen. No. 55-6283.

County sheriff and state police have concurrent authority for enforcement of state laws independent of one another. 1943-44 Op. Att'y Gen. No. 43-4252.

Transportation of prisoners housed at a county jail or other detention facility is not the exclusive responsibility of the local sheriff's department; jail administrators and independent contractors may also transport inmates at their facilities. 2000 Op. Att'y Gen. No. 00-02.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 Am. Jur. 2d Sheriffs, Police, and Constables §§ 46, 48, 49, 61.

Civil liability of sheriff or other officer charged with keeping jail or prison for death or injury of prisoner, 14 A.L.R.2d 353, 41 A.L.R.3d 1021.

Personal liability of sheriff, or his bond, for negligently causing personal injury or death, 60 A.L.R.2d 873.

Liability of prison authorities for injury to prisoner directly caused by assault by other prisoner, 41 A.L.R.3d 1021.

Sexual misconduct or irregularity as amounting to "conduct unbecoming an officer," justifying officer's demotion or removal or suspension from duty, 9 A.L.R.4th 614.

80 C.J.S. Sheriffs and Constables §§ 74 to 79.