Chapter 29 — Chapter 29

prosecution; cooperation; removal. It is hereby declared to be the duty of every sheriff, deputy sheriff, constable and every other peace officer to investigate all violations of the criminal laws of the state which are called to the attention of any such officer or of which he i…

in federal programs.] All state and local law enforcement agencies are hereby authorized to participate in the Federal Law Enforcement Assistance Act of 1965 (Public Law 98-197 [89-197]). History: 1953 Comp., § 39-1-11, enacted by Laws 1966, ch. 24, § 1.

enforcement activities. Any law enforcement agency of the state of New Mexico may receive and spend for law enforcement activities, in addition to amounts appropriated to it, transfers from the United States department of justice or the United States department of the treasury pu…

certain federal officers to act as New Mexico peace officers; authority and procedure for commissioned peace officers. A. All persons who are duly commissioned officers of the police or sheriff's department of any New Mexico Indian nation, tribe or pueblo or who are law enforceme…

prisoners. An officer or employee of the Arizona department of corrections who has in his custody, pursuant to Arizona law, a ward, offender or prisoner of the state of Arizona whom he is transporting from a facility in Arizona to another point in Arizona via New Mexico or to a p…

A peace officer shall immediately inventory and record any personal property that comes into his possession and is taken under authority of law or is left in his possession or in the possession of the state, county or municipality. As used in Sections 29-1-13 through 29-1-15 NMSA…

weapons, controlled substances and other contraband excepted. A. Any personal property having a fair market value greater than fifty dollars ($50.00) that has been unclaimed by the true owner, is no longer necessary for use in obtaining a conviction, is not needed for any other p…

A. Any money derived by a peace officer from the sale of unclaimed personal property shall be paid to the appropriate treasurer for credit to the general fund of the state, county or municipality. B. Any person purchasing unclaimed personal property at a public auction conducted …

A. A state or local law enforcement officer shall comply when reasonably able to do so with the following procedures when conducting a custodial interrogation: (1) the custodial interrogation shall be electronically recorded in its entirety; (2) if conducted in a police station, …

When a law enforcement officer interviews an alleged identity theft victim, the law enforcement officer shall make a written report of the information provided by the victim and by witnesses on appropriate forms provided by the attorney general. A copy of the police report shall …

worn cameras while on duty; exceptions; adoption of policies and procedures governing use. A. A law enforcement agency shall require peace officers the agency employs and who routinely interact with the public to wear a body-worn camera while on duty, except as provided in Subsec…

registry. Prior to interacting with a driver or occupant of a motor vehicle, every peace officer shall, if practicable, consult the national crime information center system or other electronic motor vehicle record management system to determine if the motor vehicle is on the nont…

That it shall be the duty of all sheriffs, deputy sheriffs and constables, in their respective counties, to employ all lawful means to immediately trace and discover all livestock and other property which may have been stolen or unlawfully taken from the possession of the true ow…

All persons [Any person] who shall have been committed to jail, under any criminal charge, and shall before the final trial of the cause for which he was imprisoned, or before the completion of the sentence, in case he shall be convicted in the court in which the charge may be pe…

It shall be the duty of judicial and ministerial officers, in their respective counties, precincts or demarcations, who shall see or receive information that any of the persons mentioned in the foregoing section [29-1-3 NMSA 1978], are to be found in his county, precinct or demar…

surety's liability.] If any sheriff, deputy sheriff or constable, or any deputy shall be found guilty of delay, negligence or neglect in compliance with the provisions of the preceding section [29-1-4 NMSA 1978], on complaint being made before any justice of the peace [magistrate…

If any justice of the peace [magistrate] shall be guilty of a violation of Section 29-1-4 NMSA 1978, on conviction thereof before the district court, he shall be fined in any sum not less than twenty-five dollars [($25.00)] nor more than fifty dollars [($50.00)]. History: Laws 18…

In all cases when, by the common law or a statute of this state, any officer is authorized to execute any process, he may call to his aid all inhabitants above the age of majority in the county in which the officer is authorized to act. History: Laws 1850-1851, p. 163; C.L. 1865,…

If any person shall refuse or neglect to obey the summons of any such officer, such person shall be fined in any sum not exceeding fifty dollars [($50.00)], nor less than five dollars [($5.00)], to be recovered by suit before any justice of the peace [magistrate], to the use of t…

appointment; exceptions. A. No sheriff of a county, mayor of a city or other person authorized by law to appoint special deputy sheriffs, marshals, police officers or other peace officers in the state of New Mexico to preserve the public peace and to prevent and quell public dist…

There is created in the department of public safety the "New Mexico state police division". History: 1941 Comp., § 40-201, enacted by Laws 1941, ch. 147, § 1; 1953 Comp., § 39-2-1; Laws 1977, ch. 257, § 19; 1979, ch. 202, § 12; 1987, ch. 254, § 17; 1989, ch. 204, § 21.

As used in Chapter 29 NMSA 1978: A. "chief" or "chief of the state police" means the director of the New Mexico state police division of the department; B. "commission" means the public safety advisory commission; C. "department" means the department of public safety; D. "member …

All promotions in the New Mexico state police to the rank of sergeant shall be made after written examinations. All promotions above the rank of sergeant shall be made by the chief after concurrence and approval by the secretary. The ranks of sergeant, lieutenant and captain shal…

A. A New Mexico state police officer holding a permanent commission shall not be removed from office, demoted or suspended except for incompetence, neglect of duty, violation of a published rule of conduct, malfeasance in office or conduct unbecoming an officer, except as provide…

All members of the New Mexico state police and the secretary shall take the oath of office required of all state officials. History: 1941 Comp., § 40-212, enacted by Laws 1941, ch. 147, § 12; 1953 Comp., § 39-2-12; Laws 1977, ch. 257, § 28; 1978, ch. 82, § 3; 1979, ch. 202, § 23;…

secretary. A suitable and distinctive uniform shall be prescribed by the secretary. The secretary shall provide and issue to each commissioned officer a uniform and an appropriate badge which shall contain in plain legible letters the words "New Mexico state police". The prescrib…

marking of motor vehicle; penalty. A. Unauthorized wearing of uniform or badge consists of the wearing or requiring the wearing, without authorization by the secretary, of a uniform or badge or both whose material, color or design, or any combination of them, is such that the wea…

ANNOTATIONS Repeals. — Laws 1987, ch. 254, § 27 repealed 29-2-15 NMSA 1978, as enacted by Laws 1941, ch. 147, § 14, relating to division of state police, effective July 1, 1987.

A. Before entering upon the appointee's duties, every appointee to the New Mexico state police shall be required to attend a school of instruction approved by the secretary. A uniform course of instruction shall be given all trainees governing the operation, maintenance and tempo…

ANNOTATIONS Repeals. — Laws 1979, ch. 202, § 53, repealed 29-2-17 NMSA 1978, as enacted by Laws 1941, Ch. 147, § 16, relating to the state police reserve, effective July 1, 1979.

A. The chief and other members of the New Mexico state police, when duly commissioned and sworn under the provisions of Sections 29-2-1 through 29-2-29 NMSA 1978, shall have the following powers and shall be: (1) conservators of the peace within the state with full power to appre…

A. The chief is the executive officer of the New Mexico state police and is subject to the control, supervision and direction of the secretary. The appointee, at the time of appointment as chief by the secretary, shall have been a member of the New Mexico state police holding a p…

ANNOTATIONS Repeals. — Laws 1987, ch. 254, § 27 repealed 29-2-2 NMSA 1978, as amended by Laws 1979, ch. 202, § 13, relating to police board composition, effective July 1, 1987.

The New Mexico state police chief, subject to the control of the secretary, may divide the state into districts and may designate home stations for the members of the New Mexico state police. History: 1941 Comp., § 40-219, enacted by Laws 1941, ch. 147, § 19; 1953 Comp., § 39-2-1…

The governor of New Mexico may from time to time detail all or any part of the New Mexico state police to such part of the state as in his judgment may be necessary to bring about proper law enforcement in the state to handle disturbances or to investigate specific law violations…

conduct. The secretary has authority to make and promulgate rules and regulations for the purpose of carrying out the provisions of Sections 29-2-1 through 29-2-29 NMSA 1978. The secretary shall establish by rules, from time to time, standards of conduct for members of the New Me…

ANNOTATIONS Repeals. — Laws 1979, ch. 202, § 53 repealed 29-2-23 NMSA 1978, as enacted by Laws 1941, Ch. 147, § 23, relating to the transfer of powers and duties in the bureau of identification of the department of justice to the technical services bureau of the criminal justice …

The provisions of Sections 29-2-6 through 29-2-8 NMSA 1978 may be waived by the secretary with regard to plainclothes or special investigators and other employees not regularly uniformed. History: 1941 Comp., § 40-225, enacted by Laws 1941, ch. 147, § 25; 1953 Comp., § 39-2-25; L…

When any member of the New Mexico state police investigates a motor vehicle accident, the member shall make a written report of the findings on appropriate forms furnished by the New Mexico state police, the original of which report shall be filed in the office of the New Mexico …

ANNOTATIONS Repeals. — Laws 1979, ch. 202, § 53 repealed 29-2-26 NMSA 1978, as enacted by Laws 1955, Ch. 193, § 1, relating to the representation of the state police board and police officers by the attorney general, effective July 1, 1979.

A. The New Mexico state police shall provide security and protection for the governor, and security and protection for the governor's family. The extent and manner in which the security is provided shall be determined by the governor and the chief of the New Mexico state police. …

grounds. The New Mexico state police shall have concurrent jurisdiction for the protection of all public buildings, grounds and property of the state government, its agencies, instrumentalities and institutions, including but not limited to the state capitol and the state capitol…

Notwithstanding the provisions of Section 10-7-4 NMSA 1978 and in addition to all other benefits provided commissioned officers, the department shall provide life insurance coverage in the amount of twenty-five thousand dollars ($25,000) for each state police officer to be paid t…

The New Mexico state police shall consist of a chief and such patrol officers, sergeants, lieutenants and captains as the secretary may deem advisable within the limits of the funds appropriated for the New Mexico state police; provided that the number of captains, lieutenants an…

The chief of the New Mexico state police shall be appointed by the secretary. All patrol officers and other officers and all civilian employees shall be appointed by the chief. History: 1941 Comp., § 40-204, enacted by Laws 1941, ch. 147, § 4; 1953 Comp., § 39-2-4; Laws 1977, ch.…

The secretary shall promulgate rules governing employment and operating practices and related matters for employees of the New Mexico state police. History: 1978 Comp., § 29–2–4.1, enacted by Laws 1979, ch. 202, § 16; 2015, ch. 3, § 7.

ANNOTATIONS Repeals. — Laws 1987, ch. 254, § 27 repealed 29-2-5 NMSA 1978, as enacted by Laws 1941, ch. 147, § 5, relating to retention of chief and members of state police, effective July 1, 1987.

A. Members of the New Mexico state police, except the chief, shall: (1) at the time of their appointment, be citizens of the United States or be authorized to work by the United States citizenship and immigration services; (2) at the time of their appointment, have reached twenty…

The New Mexico state police shall cause all applicants for the position of commissioned officer to submit a written detailed application on forms as the secretary shall prescribe, and the secretary shall cause an investigation to be made of all applicants, subsequent to their tak…

examination. The New Mexico state police shall conduct a written examination of all applicants for the position of commissioned officer for the purpose of determining their mental qualifications and knowledge of the laws of New Mexico and their ability to render assistance in cas…