2020 New Mexico Statutes
Chapter 3 - Municipalities
Article 13 - Clerk, Police Officer, Manager; Duties
Section 3-13-2 - Police officers.
A. The police officer of a municipality shall:
(1) execute and return all writs and process as directed by the municipal judge of the municipality employing the police officer;
(2) execute and return all criminal process as directed by the municipal judge of any incorporated municipality in the state if the criminal process arises out of a charge of violation of a municipal ordinance prohibiting driving while under the influence of intoxicating liquor or drugs;
(3) serve criminal writs and process specified in Paragraphs (1) and (2) of this subsection in any part of the county wherein the municipality is situated; and
(4) within the municipality:
(a) suppress all riots, disturbances and breaches of the peace;
(b) apprehend all disorderly persons;
(c) pursue and arrest any person fleeing from justice; and
(d) apprehend any person in the act of violating the laws of the state or the ordinances of the municipality and bring him before competent authority for examination and trial.
B. In the discharge of his proper duties, a police officer shall have the same powers and be subject to the same responsibilities as sheriffs in similar cases.
History: 1953 Comp., § 14-12-2, enacted by Laws 1965, ch. 300; 1988, ch. 88, § 1.
ANNOTATIONSCross references. — For authority of constable or sheriff to serve process and make arrests, see 35-15-4 NMSA 1978.
The 1988 amendment, effective May 18, 1988, substituted "process" for "processes", and added "of the municipality employing the police officer" in Subsection A(1); added present Subsection A(2) and redesignated former Subsections A(2) and A(3) as present Subsections A(3) and A(4); substituted "process specified in Paragraphs (1) and (2) of the subsection" for "processes" in present Subsection A(3); and deleted "or constables" following "sheriffs" in Subsection B.
Authority to intervene. — Police officers may intervene when they have reasonable grounds to believe in good faith that intervention is necessary to prevent further disturbance or physical violence. City of Roswell v. Smith, 2006-NMCA-040, 139 N.M. 381, 133 P.3d 271, cert denied, 139 N.M. 429, 134 P.3d 120.
Authority to arrest. — The authority to arrest is not limited to custodial arrest, but includes an investigative detention to issue a citation for a traffic violation. State v. Marquez, 2008-NMSC-055, 145 N.M. 1, 193 P.3d 548.
Police officers and county-wide jurisdiction to serve warrants. — Because a bench warrant is legal "process," municipal police officers clearly have county-wide jurisdiction to execute on warrants authorized by their municipality. State v. Pinela, 1992-NMCA-025, 113 N.M. 627, 830 P.2d 179.
Traffic stop outside city limits. — A deputy town marshal, who observes erratic driving behavior, may initiate a traffic stop outside his jurisdictional territory, even though he is neither cross-commissioned nor in fresh pursuit. State v. Arroyos, 2005-NMCA-086, 137 N.M. 769, 115 P.3d 232, overruled by State v. Slayton, 2009-NMSC-054, 147 N.M. 340, 223 P.3d 337.
Same authority to arrest as private citizen. — A law enforcement officer acting outside of his or her territorial jurisdiction has the same authority to arrest as does a private citizen. State v. Arroyos, 2005-NMCA-086, 137 N.M. 769, 115 P.3d 232, overruled by State v. Slayton, 2009-NMSC-054, 147 N.M. 340, 223 P.3d 337.
Prevention of breach of peace. — The power and duty to suppress breaches of the peace includes the right to take any reasonable steps to prevent a breach of the peace 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.
Warrantless arrest. — If an offense is committed in the immediate presence of the arresting officers, no warrant is required. City of Clovis v. Archie, 1955-NMSC-105, 60 N.M. 239, 290 P.2d 1075.
Offense committed in presence of officer. — Where the arrest was made for violation of an ordinance in the presence of the officer, if the ordinance is valid, the arrest was lawful and no claim for false arrest can arise out of it. Miller v. Stinnett, 257 F.2d 910 (10th Cir. 1958).
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.
Police officers are employees, not public officers, of municipality. 1979 Op. Att'y Gen. No. 79-28.
Scope of investigations. — This section must be interpreted to mean that investigations must be related to crimes which occurred within the city limits. 1976 Op. Att'y Gen. No. 76-04.
Jurisdiction of the city of Albuquerque over the university of New Mexico campus is limited to the enforcement of state laws on the campus. 1969 Op. Att'y Gen. No. 69-48.
Resolution passed by board of commissioners of Los Alamos county giving municipal police like powers as sheriffs or state officers in no way conflicted with or diminished the powers of the state sheriff, and only restated what had already been passed by the legislature under this section. 1968 Op. Att'y Gen. No. 68-117.
Municipal prisoners. — Persons arrested and held by municipal police officers for violation of a state law or a municipal ordinance are municipal prisoners. When such prisoners are held in the municipal jail the municipality is liable for their upkeep. 1968 Op. Att'y Gen. No. 68-21.
Village marshals. — This statute clearly grants village marshals the power to execute warrants of arrest anywhere within the county in which the village is located. 1961 Op. Att'y Gen. No. 61-03.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 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.
First amendment protection for law enforcement employees subject to discharge, transfer, or discipline because of speech, 109 A.L.R. Fed. 9
62 C.J.S. Municipal Corporations §§ 474, 486, 487.
