Any state, county or municipal agency having and maintaining peace officers may enter into mutual aid agreements with any public agency as defined in the Mutual Aid Act, with respect to law enforcement, provided any such agreement shall be approved by the agency involved and the governor.
History: 1953 Comp., § 39-7-3, enacted by Laws 1971, ch. 153, § 3.
Applicability to gaming compacts with Indian tribes. — The Mutual Aid Act does not in any way pertain to gaming compacts and thus provides no statutory basis for the governor to enter into compacts and revenue-sharing agreements with Indian tribes which would permit gaming on Indian lands pursuant to the federal Indian gaming laws. State ex rel. Clark v. Johnson, 1995-NMSC-048, 120 N.M. 562, 904 P.2d 11.
By adding the limiting language that mutual aid agreements must be approved by both the agency involved and the governor of the state of New Mexico, the legislature contemplated a written agreement. State v. Branham, 2004-NMCA-131, 136 N.M. 579, 102 P.3d 646.
Inconsistency between written agreements. — It is inconsistent for the legislature to require a written agreement for the issuance of a cross commission under Section 29-1-11 NMSA 1978 between state law enforcement and Indian tribal police officers and not require a written agreement for mutual aid agreements under this section. State v. Branham, 2004-NMCA-131, 136 N.M. 579, 102 P.3d 646.
Where state police officer initially stopped defendant for speeding on Mescalero reservation, because the officer did not have authority to enforce Mescalero tribal traffic ordinances, defendant's motion to suppress evidence was properly granted. State v. Branham, 2004-NMCA-131, 136 N.M. 579, 102 P.3d 646.
Deputization of city or county officials by state agency. — The environmental improvement division (EID) (now Air Quality Bureau of Environment Department) may seek assistance from city and county law enforcement agencies to enforce asbestos disposal regulations pursuant to the Mutual Aid Act, Sections 29-8-1 to 29-8-3 NMSA 1978, but it cannot deputize city or county law enforcement officials to act as EID agents to enforce the division's asbestos disposal regulations. 1987 Op. Att'y Gen. No. 87-48.
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