2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 8 - Crimes, Penalties and Procedure
Section 66-8-124 - Arresting officer to be in uniform.
A. No person shall be arrested for violating the Motor Vehicle Code [66-1-1 NMSA 1978] or other law relating to motor vehicles punishable as a misdemeanor except by a commissioned, salaried peace officer who, at the time of arrest, is wearing a uniform clearly indicating the peace officer's official status.
B. Notwithstanding the provisions of Subsection A of this section, a municipality may provide by ordinance that uniformed private security guards may be commissioned by the local police agency to issue parking citations for violations of clearly and properly marked fire zones and access zones for persons with significant mobility limitation. Prior to the commissioning of any security guard, the employer of the security guard shall agree in writing with the local police agency to the commissioning of the employer's security guard. The employer of any security guard commissioned under the provisions of this section shall be liable for the actions of that security guard in carrying out the security guard's duties pursuant to that commission. Notwithstanding the provisions of the Tort Claims Act [41-4-1 NMSA 1978], private security guards commissioned under this section shall not be deemed public employees under that act.
History: 1953 Comp., § 64-22-8.1, enacted by Laws 1961, ch. 213, § 3; 1968, ch. 62, § 162; recompiled as 1953 Comp., § 64-8-124, by Laws 1978, ch. 35, § 532; 1989, ch. 127, § 1; 2007, ch. 319, § 64.
The 2007 amendment, effective June 15, 2007, changed "handicapped access zones" to "access zones for persons with significant mobility limitation".
The 1989 amendment, effective June 16, 1989, designated the formerly undesignated provisions as Subsection A, while substituting "commissioned" for "full-time" therein, and added Subsection B.
Only commissioned officers may arrest a person who is suspected of violating the Motor Vehicle Code. State v. Slayton, 2009-NMSC-054, 147 N.M. 340, 223 P.3d 337.
The common law right to citizen's arrests for suspected violations the Motor Vehicle Code has been abrogated by the legislature. State v. Slayton, 2009-NMSC-054, 147 N.M. 340, 223 P.3d 337.
Arrest under Section 66-8-124 NMSA 1978 includes temporary detentions. State v. Slayton, 2009-NMSC-054, 147 N.M. 340, 223 P.3d 337.
Arrest by a police service aide. — Where defendant was detained and handcuffed by a police service aide pending the arrival of police officers to investigate defendant's involvement in a rear-end accident; the police service aide was employed by the police department as a non-commissioned officer; and defendant was charged with second offense aggravated DWI contrary to Section 66-8-102 NMSA 1978, the police service aide was without statutory authority to arrest defendant. State v. Slayton, 2009-NMSC-054, 147 N.M. 340, 223 P.3d 337.
Determining if officer is in uniform. — Two alternative tests are adopted for determining if an officer is in "uniform" within the intent of the statute: (1) whether there are sufficient indicia that would permit a reasonable person to believe the person purporting to be a peace officer is, in fact, who he claims to be; or (2) whether the person stopped and cited either personally knows the officer or has information that should cause him to believe the person making the stop is an officer with official status. Since the officer was using a marked police unit and was wearing a windbreaker with "Albuquerque Police" clearly marked in two places, this sufficed to support a finding that he was wearing a uniform clearly indicating his official status. State v. Archuleta, 1994-NMCA-072, 118 N.M. 160, 879 P.2d 792.
BDUs are "uniforms". — A BDU comprised of black pants; black boots; a black vest to which is attached an electronic communication device with a chord; a black long-sleeve shirt with the words "STATE POLICE" in large, bold, yellow lettering on the sleeves; the word "POLICE" in large, bold, white lettering on the right shoulder; a smaller triangular cloth patch with the words "STATE POLICE" on the right shoulder; and the word "POLICE" in large, bold, white lettering in two places on the back of the shirt; an equipment belt, holster, and firearm; and a metal police badge hung from a front pocket, is a "uniform" within the meaning of Subsection A of Section 66-8-124 NMSA 1978. State v. Maes, 2011-NMCA-064, 149 N.M. 736, 255 P.3d 314, cert. denied, 2011-NMCERT-005, 150 N.M. 666, 265 P.3d 717.
Provision not applicable to arrests for violations of liquor laws. — This section does not prevent officers from carrying out their duty to investigate possible criminal behavior even if the officers are not in uniform. The provision may prevent an arrest if the arrest is to be for violations covered by the provision and the officer is not in uniform. In those circumstances the plain-clothes officer would have to wait for the arrival of the uniformed officer. However, the section was not applicable to the investigation of vehicle carried out by plain-clothes officers where arrests were for violations of liquor and narcotics laws. State v. Ray, 1977-NMCA-100, 91 N.M. 67, 570 P.2d 605, cert. denied, 91 N.M. 4, 569 P.2d 414.
Meaning of "Uniform". — "Uniform" for purposes of this section means commission of office and a prominently displayed badge. 1966 Op. Att'y Gen. No. 66-92.
