§ 38-97. Arrest without warrant.

(a)

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.

(b)

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

(1)

Present at the scene of a motor vehicle crash;

(2)

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;

(3)

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

(4)

Charged with failure to stop in the event of a crash causing death, personal injuries or damage to property;

(5)

Charged with reckless driving;

(6)

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

(7)

Who refuses to give his written promise to appear in court or acknowledge receipt of a warning notice;

(8)

Who is charged with driving when their privilege to do so was suspended or revoked pursuant to NMSA 1978, § 66-8-111 or pursuant to a conviction for driving while under the influence of intoxicating liquor or drugs;

(9)

Who is driving when their privilege to do so was suspended or revoked due to violations of failure to appear in a court of law and/or failure to remit a penalty assessment fine.

(c)

Members of the county 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 chapter 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. 85-218, § 2, 1995; Code 1985, § 10.15.007; Ord. No. 02-236, § 7, 12-17-2013)

State law reference

Similar provisions, NMSA 1978, §§ 66-8-125, 66-8-127.