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 apprehend, arrest and bring before the proper court all law violators within the state;

(2) ex-officio deputies and agents of all the officers and departments of the taxation and revenue department and of the officers and departments within the state charged with the registration of motor vehicles, the issuance of licenses to operators of motor vehicles and of the officers and departments of the state charged with the regulation and control of motor vehicles operated upon the public highways for hire in the transportation of either passengers or property; and

(3) charged with the enforcement of all laws of New Mexico regulating the use of highways.

B. Upon request of any officer or agency of the state charged with the duty of enforcing any law of the state that is made to the secretary, one or more members of the New Mexico state police may be temporarily designated specifically to enforce the provisions of such law.

History: 1941 Comp., § 40-217, enacted by Laws 1941, ch. 147, § 17; 1953 Comp., § 39-2-17; Laws 1977, ch. 257, § 33; 1979, ch. 202, § 27; 2015, ch. 3, § 16.

Cross references. — For request for aid from New Mexico mounted patrol, see 29-6-5 NMSA 1978.

The 2015 amendment, effective July 1, 2015, provided for the reorganization of the department of public safety by clarifying the language in the section and changing references to the New Mexico police board to the secretary of public safety; designated the previously undesignated introductory language as Subsection A, redesignated former Subsections A, B and C as Paragraphs 1, 2 and 3 of Subsection A, and redesignated former Subsection D as Subsection B; in the introductory language of Subsection A, after "state police", deleted "who" and after "powers and", deleted "shall perform the following duties: they"; in Subsection A, Paragraph 2, deleted "they shall be" preceding "ex-officio", and at the end of the paragraph, added "and"; in Subsection A, Paragraph 3, deleted "they shall be" preceding "charged" and at the end of the paragraph, deleted "and"; and in Subsection B, after the second occurrence of "state", added "that is", and after "made to the", deleted "New Mexico state police board" and added "secretary".

Arrest for possession of marijuana. — Defendant's car was stopped during a general roadblock and defendant opened his car trunk and then his suitcase at the police officer's request. The officer found marijuana residue in the suitcase and defendant was then placed under arrest for possession of marijuana and the contraband was seized. This stop and seizure was not unlawfully accomplished and the court of appeals was in error in reversing the conviction of defendant for marijuana possession. State v. Bloom, 1977-NMSC-016, 90 N.M. 192, 561 P.2d 465.

During course of arrest may not use excessive force. — Plaintiff charged defendant police officer with unlawfully, willfully and maliciously assaulting him when the defendant threw plaintiff onto the pavement while removing him from a bar for drunkenness and disorderly conduct, causing breaks to plaintiff's leg. Police officers are entitled to use only reasonable force, not excessive force, in performing their duties. Mead v. O'Connor, 1959-NMSC-077, 66 N.M. 170, 344 P.2d 478.

Officer's authority as conservator of peace gave him the right to be on the plaintiff's property when called by another person who was involved in a dispute with the plaintiff, and he was within his rights in detaining the plaintiff when it was necessary to preserve the peace and further his investigation of the dispute. Romero v. Sanchez, 1995-NMSC-028, 119 N.M. 690, 895 P.2d 212.

Arrest of persons charged with violating state gambling laws. 1944 Op. Att'y Gen. No. 44-4616.

State police and county sheriffs have concurrent authority within county and each has the duty and authority of enforcing the state's laws. 1943 Op. Att'y Gen. No. 43-4252.