2019 New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 2 - Hunting and Fishing Regulations
Part 1 - GENERAL PROVISIONS
Section 17-2-19 - Enforcement of game laws; powers of conservation officers.
A. The director of the department of game and fish, each conservation officer, each sheriff in his respective county and each member of the New Mexico state police shall enforce Chapter 17 NMSA 1978 and shall:
(1) seize any game or fish held in violation of that chapter;
(2) with or without warrant, arrest any person whom he knows to be guilty of a violation of that chapter; and
(3) open, enter and examine all camps, wagons, cars, tents, packs, boxes, barrels and packages where he has reason to believe any game or fish taken or held in violation of that chapter is to be found, and seize it.
B. Any warrant for the arrest of a person shall be issued upon sworn complaint, the same as in other criminal cases, and any search warrant shall issue upon a written showing of probable cause, supported by oath or affirmation, describing the places to be searched or the persons or things to be seized.
C. Conservation officers may, under the direction of the state game commission and the director of the department of game and fish:
(1) establish from time to time, as needed for the proper functioning of the game and fish research and management division, checking stations at points along established roads, or roadblocks, for the purpose of detecting and apprehending persons violating the game and fish laws and the regulations referred to in Section 17-2-10 NMSA 1978;
(2) under emergency circumstances and while on official duty only enforce the provisions of the Criminal Code [Chapter 30, Article 1 NMSA 1978] and the Motor Vehicle Code [66-1-1 NMSA 1978]; and
(3) while on official duty only, enforce the provisions of:
(a) Sections 30-14-1 and 30-14-1.1 NMSA 1978 pertaining to criminal trespass;
(b) Section 30-7-4 NMSA 1978 pertaining to negligent use of a deadly weapon;
(c) Section 30-15-1 NMSA 1978 pertaining to criminal damage to property;
(d) Section 30-22-1 NMSA 1978 pertaining to resisting, evading or obstructing an officer; and
(e) Section 72-1-8 NMSA 1978 pertaining to camping next to a manmade water hole.
History: Laws 1912, ch. 85, § 57; Code 1915, § 2480; Laws 1915, ch. 101, § 17; C.S. 1929, § 57-265; 1941 Comp., § 43-224; 1953 Comp., § 53-2-22; Laws 1955, ch. 54, § 1; 1967, ch. 36, § 1; 1975, ch. 86, § 1; 1977, ch. 265, § 1; 1977, ch. 290, § 3; 1981, ch. 99, § 1; 1983, ch. 27, § 1; 2001, ch. 74, § 1.
ANNOTATIONSCross references. — For enforcement powers with respect to endangered species, see 17-2-46 NMSA 1978.
The 2001 amendment, effective July 1, 2001, in Subsection C, deleted "and except as otherwise provided in Paragraph (3) of this subsection," in Paragraph (2), added the paragraph designation (3)(a), and added Paragraphs (3)(b) to (e).
"Emergency" defined. — There are three elements to an "emergency" as that term is used in subsection C(2): (1) the gravity of the threatened harm; (2) the likelihood of the harm occurring; and (3) the lack of time in which action can be taken to avert the harm, especially whether it was feasible to summon a regular law enforcement officer. These factors must be considered from the conservation officer's point of view. State v. Creech, 1991-NMCA-012, 111 N.M. 490, 806 P.2d 1080.
"Reason to believe" defined. — The legislature intended subsection A(3) as a limit on the authority of conservation officers and in using the phrase "reason to believe" should be understood to have required individualized suspicion. State v. Creech, 1991-NMCA-012, 111 N.M. 490, 806 P.2d 1080.
Officers of state game commission are state officers. Allen v. McClellan, 1967-NMSC-114, 77 N.M. 801, 427 P.2d 677, overruled on other grounds, New Mexico Livestock Bd. v. Dose, 1980-NMSC-022, 94 N.M. 68, 607 P.2d 606.
Probable cause to stop. — Where game and fish officers were patrolling a thinly populated ranch and recreation area for illegal night-time hunting and the officers observed defendants' vehicles traveling for an extended period in a deserted area, moving and changing directions together and sweeping their headlights to illuminate the side of the road, the officers had probable cause to detain defendants to investigate whether defendants were engaged in illegal hunting. U.S. v. Stricklin, 534 F.2d 1386 (10th Cir. N.M. 1976).
Conservation officers may enter private lands without warrants. — Deputy game wardens (now conservation officers) may enter on private lands without warrants in the interest of game protection. 1947 Op. Att'y Gen. No. 47-4974.
County sheriffs and their deputies must enforce game laws. — County sheriffs and their deputies are required to enforce game laws in their counties and need not be appointed deputy game wardens (now conservation officers). 1931 Op. Att'y Gen. 31-132.
Conservation officer may carry sidearms. — A state game department (now game commission) conservation officer may carry sidearms while in the lawful discharge of his duties. 1963 Op. Att'y Gen. No. 63-107.
Role of conservation officers in enforcing other state laws. — In respect to the enforcement of other state laws, state conservation officers stand in the same position as private citizens. 1963 Op. Att'y Gen. No. 63-107.
Authority to make arrests. — Express statutory authority is not spelled out by legislative enactment authorizing conservation officers to enforce other state laws, and in the absence of such express authority their power to act as official peace officers and to make arrests is generally restricted in nature. 1963 Op. Att'y Gen. No. 63-107.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fish and Game §§ 52 to 54.
Validity of roadblocks by state or local officials for purpose of enforcing fish or game laws, 87 A.L.R.4th 981.
Who may conduct border search pursuant to 19 USCS §§ 482, 1401(i), 1581(a), (b), and 1582, 61 A.L.R. Fed. 290.
36A C.J.S. Fish §§ 37, 42; 38 C.J.S. Game §§ 50, 61, 63, 64, 67.
