2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 8 - Crimes, Penalties and Procedure
Section 66-8-125 - Arrest without warrant.
A. Members of the New Mexico state police, sheriffs and their salaried deputies and members of any municipal police force, may arrest without warrant any person:
(1) present at the scene of a motor vehicle accident;
(2) on a highway when charged with theft of a motor vehicle; or
(3) charged with crime in another jurisdiction, upon receipt of a message giving the name or a reasonably accurate description of the person wanted, the crime alleged and a statement he is likely to flee the jurisdiction of the state.
B. To arrest without warrant, the arresting officer must have reasonable grounds, based on personal investigation which may include information from eyewitnesses, to believe the person arrested has committed a crime.
C. Members of the New Mexico state police, sheriffs, and their salaried deputies and members of any municipal police force may not make arrest for traffic violations if not in uniform; however, nothing in this section shall be construed to prohibit the arrest, without warrant, by a peace officer of any person when probable cause exists to believe that a felony crime has been committed or in nontraffic cases.
History: 1953 Comp., § 64-8-125, enacted by Laws 1978, ch. 35, § 533.
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 C of Section 66-8-125 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.
Promptness required. — If the requirements of this section are met, a valid warrantless arrest may be made of a person present at the scene of the accident if the arrest is made either at the scene or at a place other than the accident scene if the arrest is made with reasonable promptness. State v. Calanche, 1978-NMCA-007, 91 N.M. 390, 574 P.2d 1018.
Misdemeanor arrest rule does not apply to DWI. — Where a shopping mall employee saw a person staggering around the mall parking lot attempting to unlock different vans; the person eventually unlocked the door to a van and drove away; the employee gave the police a description of the van and the van's license plate number; a police officer went to the van's registered owner's address and observed a van that matched the employee's description in the driveway; the van's engine was warm; the officer knocked at the front door of the residence; the officer observed defendant stagger past the doorway, strike defendant's head on the wall next to the door, and fall; defendant staggered to the door a second time, fell, and opened the door from a sitting position; defendant told the officer that defendant had been driving the van earlier; and defendant had a strong odor of alcohol in defendant's breath, slurred speech, blood-shot eyes, and was unsteady, defendant's arrest for DWI was valid. City of Santa Fe v. Martinez, 2010-NMSC-033, 148 N.M. 708, 242 P.3d 275.
An investigating officer need not observe the offense in order to make a warrantless arrest. Instead, the warrantless arrest of one suspected of committing DWI is valid when supported by both probable cause and exigent circumstances. City of Santa Fe v. Martinez, 2010-NMSC-033, 148 N.M. 708, 242 P.3d 275.
Arrest of a defendant who fled the scene of an accident is valid. — This section permits a police officer to arrest, without a warrant, individuals who flee the scene of an accident before the officer arrives, when the officer has developed reasonable grounds, through personal investigation, to believe the individual committed a crime. City of Las Cruces v. Sanchez, 2009-NMSC-026, 146 N.M. 315, 210 P.3d 212.
Where police officers received a report that a vehicle had crashed into a house; police officers arrived at the scene of the crash within ten minutes after the crash; the vehicle's driver and passengers had fled the accident scene on foot; police officers found a passenger of the vehicle in the general area of the accident; the passenger identified the defendant as the driver of the vehicle; the police officers checked the vehicle's license plate number and registration which provided the them with the defendant's name and address; police officers found the defendant at the address indicated by the registration; the defendant had visible injuries that could have been caused by an air bag which was consistent with the condition of the vehicle at the scene of the accident; and the defendant was visibly intoxicated, the arresting officer noticed the odor of alcohol in the defendant's person and breath, and the defendant failed a blood-alcohol test, the arresting officer had reasonable grounds to believe that the defendant had been present at the scene of the accident and had committed the crime of DWI and the offense did not have to be committed in the presence of an officer. City of Las Cruces v. Sanchez, 2009-NMSC-026, 146 N.M. 315, 210 P.3d 212.
Authority to make warrantless arrest circumscribed by Fourth Amendment. — Although the New Mexico Motor Vehicle Code authorizes warrantless arrests in some instances, this license is circumscribed by the Fourth Amendment. Howard v. Dickerson, 34 F.3d 978 (10th Cir. 1994).
Alternate basis for arrest. — This section provides an alternate basis for an arrest to the usual rules governing warrantless misdemeanor arrests. State v. Eden, 1989-NMCA-038, 108 N.M. 737, 779 P.2d 114, cert. denied, 108 N.M. 681, 777 P.2d 1325.
State police officer may arrest any person without a warrant if, based on personal investigation which may include information from eyewitnesses, he has reasonable grounds to believe the person arrested has committed a crime. Stone v. United States, 385 F.2d 713 (10th Cir. 1967), cert. denied, 391 U.S. 966, 88 S. Ct. 2038, 20 L. Ed. 2d 880 (1968).
Uniformed officer. — Two alternative tests are adopted for determining if an officer is in "uniform" within the intent of the statute: one, 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, two, 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.
Tribal police officer has the authority to stop and issue a tribal citation, and arrest a non-Indian, so long as the Indian authorities promptly deliver up the non-Indian offender, rather than try and punish him themselves. State v. Ryder, 1981-NMCA-017, 98 N.M. 453, 649 P.2d 756, aff'd, 1982-NMSC-066, 98 N.M. 316, 648 P.2d 774.
Bureau of Indian affairs officer. — A noncross-commissioned bureau of Indian affairs officer is empowered to stop a vehicle within the borders of an Indian reservation for a traffic law offense and, upon determining that the offender is a non-Indian, to require him to wait until a cross-commissioned BIA officer arrives. State v. Ryder, 1981-NMCA-017, 98 N.M. 453, 649 P.2d 756, aff'd, 1982-NMSC-066, 98 N.M. 316, 648 P.2d 774.
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.
Mistaken belief was not basis for invalidating arrest. — Arresting officer's reasonable but mistaken belief that defendant's snowmobile was a motor vehicle was not a sufficient basis for invalidating an otherwise valid arrest of defendant for driving the snowmobile while intoxicated. State v. Eden, 1989-NMCA-038, 108 N.M. 737, 779 P.2d 114, cert. denied, 108 N.M. 681, 777 P.2d 1325.
Careless driving and leaving scene of accident. — The minor offenses of careless driving and leaving the scene of an accident do not merit the extraordinary recourse of warrantless home arrest. Howard v. Dickerson, 34 F.3d 978 (10th Cir. 1994).
"Alcohol". — Defendant's involvement in an automobile accident, in conjunction with a strong odor of alcohol, bloodshot eyes and slurred speech constituted probable cause to arrest him for driving while intoxicated. State v. Jones, 1998-NMCA-076, 125 N.M. 556, 964 P.2d 117.
Municipal police officer enforcing outside city limits. — Absent a statutory exception, such as fresh pursuit or the issuance of credentials by the Motor Vehicle Division, a municipal police officer's authority to enforce the Motor Vehicle Code is limited to the city limits of the municipality where he is employed. 1988 Op. Att'y Gen. No. 88-77.
Volunteer deputy cannot make arrests pursuant to provision. — An exception to rule that a peace officer may make an arrest, without warrant and out of uniform, where he has reasonable cause to believe suspect committed a felony, is when the suspected felon is arrested on the highway and charged with theft of a motor vehicle or a crime in another jurisdiction. In such case an unsalaried, volunteer deputy has no authority to make an arrest. In order to have authority without a warrant to arrest one for the commission of any other felony occurring under the motor vehicle laws, the arresting officer must base his reasonable grounds, in part, on a personal investigation. 1966 Op. Att'y Gen. No. 66-92.
Law reviews. — For annual survey of New Mexico law relating to criminal procedure, see 12 N.M.L. Rev. 271 (1982).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of routine roadblocks by state or local police for purpose of discovery of vehicular or driving violations, 37 A.L.R.4th 10.
Validity of police roadblocks or checkpoints for purpose of discovery of alcoholic intoxication - post-Sitz cases, 74 A.L.R.5th 319.
61A C.J.S. Motor Vehicles § 593(1).
