2021 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 2 - Fresh Pursuit
Section 31-2-8 - Authority to arrest misdemeanant; fresh pursuit.

A. Any county sheriff or municipal police officer who leaves his jurisdictional boundary while in fresh pursuit of a misdemeanant whom he would otherwise have authority to arrest shall have the authority to arrest that misdemeanant anywhere within this state and return him to the jurisdiction in which the fresh pursuit began without further judicial process.

B. For purposes of this section, "fresh pursuit of a misdemeanant" means the pursuit of a person who has committed a misdemeanor in the presence of the pursuing officer. Fresh pursuit shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.

History: Laws 1981, ch. 102, § 1.

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, rev'g 2007-NMCA-151, 143 N.M. 79, 173 P.3d 1.

Arrestable misdemeanor. — A municipal police officer is authorized to pursue a suspect outside the officer's territorial jurisdiction only if the officer has reason to believe that he or she has observed a violation of an arrestable offense. State v. Marquez, 2007-NMCA-151, 143 N.M. 79, 173 P.3d 1, cert. granted, 2007-NMCERT-011, 143 N.M. 155, 173 P.3d 762, rev'd, 2008-NMSC-055, 145 N.M. 1, 19 P.3d 548.

Commission of petty misdemeanor. — This section authorizes pursuit of a suspect into another county, whether the pursuing officer has reasonable cause to believe the suspect guilty of a misdemeanor or only of a petty misdemeanor. County of Los Alamos v. Tapia, 1990-NMSC-038, 109 N.M. 736, 790 P.2d 1017.

Extraterritorial arrest for D.W.I. — This section authorizes a municipal police officer to make an extraterritorial arrest for DWI. Incorporated Cnty. of Los Alamos v. Johnson, 1989-NMSC-045, 108 N.M. 633, 776 P.2d 1252.

Arrest on Indian reservation. — An arrest of a Navajo citizen on the Navajo Reservation by a city police officer following a car chase that started off the reservation was illegal since the officer failed to follow tribal extradition procedures; the misdemeanor fresh pursuit law did not affect the legality of the arrest. City of Farmington v. Benally, 1995-NMCA-019, 119 N.M. 496, 892 P.2d 629.