2021 New Mexico Statutes
Chapter 57 - Trade Practices and Regulations
Article 30 - Sale of Recycled Metals
Section 57-30-7 - Inspection of records by peace officers; holds on property.

A. Upon request, a secondhand metal dealer shall produce to a peace officer during the dealer's usual business hours the requested record of purchase as required by Section 57-30-5 NMSA 1978.

B. If a peace officer determines, through an investigation or examination of the records kept by the secondhand metal dealer, that the dealer may be in possession of stolen property or property that constitutes evidence in a criminal investigation, the peace officer may place a hold on the property prohibiting the sale or removal of the property from the premises. The hold may remain in effect for up to five days or until the hold is lifted or the property is seized, whichever occurs earlier.

C. The inspecting peace officer shall inform the secondhand metal dealer of the person's status as a peace officer.

History: Laws 2008, ch. 29, § 7; 2012, ch. 29, § 6; 2012, ch. 33, § 6.

The 2012 amendment, effective July 1, 2012, eliminated the authority of employees of the department to inspect records; authorized peace officers to place a hold on property that the officer believes may be stolen property; in Subsection A, after "peace officer", deleted "or an authorized employee of the department"; added Subsection B; and in Subsection C, after "inspecting peace officer", deleted "or authorized employee of the department", and after "status as a peace officer", deleted "or authorized employee of the department".

Laws 2012, ch. 29, § 6 and Laws 2012, ch. 33, § 6 enacted identical amendments to this section. The section was set out as amended by Laws 2012, ch. 33, § 6. See 12-1-8 NMSA 1978.