2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 31 - Controlled Substances
Section 30-31-30 - Powers of enforcement personnel.
Any officer or employee designated by the board may:
A. serve search warrants, arrest warrants and administrative inspection warrants;
B. make arrests without warrant for any offense under the Controlled Substances Act committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a violation of the Controlled Substances Act which may constitute a felony; or
C. make seizures of property pursuant to the Controlled Substances Act.
History: 1953 Comp., § 54-11-29, enacted by Laws 1972, ch. 84, § 29.
ANNOTATIONSCross references. — For constitutional guarantee against unreasonable searches and seizures, see N.M. Const., art. II, § 10.
For issuance of arrest and search warrants, see Rules 5-208 and 5-211 NMRA.
Warrantless arrests in public. — Statutory provisions regarding warrants must be considered in para materia with N.M. Const., art. II, § 10. Subsection B cannot establish conclusively that an arrest based on such authority comports with the constitutional protection afforded by N.M. Const., art. II, § 10. Warrantless arrests made under the authority of the statute may be presumed reasonable but that presumption may be rebutted under an interpretation of what is constitutional. Campos v. State, 1994-NMSC-012, 117 N.M. 155, 870 P.2d 117.
Probable cause plus exigent circumstances. — Warrantless search of defendant's tractor and trailer was justified by probable cause arising from detailed information supplied by informant, along with exigent circumstances attendant in the case of moving vehicles. State v. One 1967 Peterbilt Tractor, 1973-NMSC-025, 84 N.M. 652, 506 P.2d 1199.
Law reviews. — For note, "New Mexico Requires Exigent Circumstances for Warrantless Public Arrests: Campos v. State," see 25 N.M.L. Rev. 315 (1995).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Odor of narcotics as providing probable cause for warrantless search, 5 A.L.R.4th 681.
