§ 24-12-12-5. Arrest without warrant.

A.

Members of the municipal police force may arrest without warrant any person:

(1)

present at the scene of a motor vehicle accident;

(2)

on a street when charged with theft of a motor vehicle;

(3)

charged with crime in another jurisdiction, upon receipt of a message giving the name or a reasonably accurate description of the person wanted, the crime alleged and a statement he is likely to flee the jurisdiction of the state;

(4)

charged with driving while under the influence of intoxicating liquor or drugs;

(5)

charged with failure to stop in the event of an accident causing death, personal injuries or damage to property;

(6)

charged with reckless driving;

(7)

the arresting officer has good cause to believe has committed a felony;

(8)

who refuses to give his written promise to appear in court or acknowledge receipt of a warning notice; (1961-62 Op. Atty. Gen. No. 61-117) or

(9)

who is charged with driving when his privilege to do so was suspended or revoked pursuant to Section 66-8-111 NMSA 1978 or pursuant to a conviction for driving while under the influence of intoxicating liquor or drugs.

B.

To arrest without warrant, the arresting officer must have reasonable grounds, based on personal investigation which may include information from eyewitnesses, to believe the person arrested has committed a crime.

C.

Members of the municipal police force may not make arrests for traffic violations if not in uniform; however, nothing in this section shall be construed to prohibit the arrest, without warrant, by a peace officer of any person when probable cause exists to believe that a felony crime has been committed or in non-traffic cases.

D.

This section governs all police officers in making arrests without warrant for violations of the New Mexico Motor Vehicle Code, this ordinance and other laws relating to motor vehicles but the procedure prescribed is not exclusive of any other method prescribed by law for the arrest and prosecution of a person violating these laws.

(Ord. No. 1567 , 5-29-18)

State law reference

66-8-122, 66-8-125 and 66-8-127 NMSA 1978.