NM Stat § 29-1-11 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 1 - Peace Officers in General|Section 29-1-11 - Authorization of tribal and pueblo police officers and 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 enforcement officers employed by the bureau of Indian affairs and are assigned in New Mexico are, when commissioned under Subsection B of this section, recognized and authorized to act as New Mexico peace officers. These officers have all the powers of New Mexico peace officers to enforce state laws in New Mexico, including the power to make arrests for violation of state laws. B. The chief of the New Mexico state police is granted authority to issue commissions as New Mexico peace officers to members of the police or sheriff's department of any New Mexico Indian nation, tribe or pueblo or a law enforcement officer employed by the bureau of Indian affairs to implement the provisions of this section. The procedures to be followed in the issuance and revocation of commissions and the respective rights and responsibilities of the departments shall be set forth in a written agreement to be executed between the chief of the New Mexico state police and the Indian nation, tribe or pueblo or the appropriate federal official. C. The agreement referred to in Subsection B of this section shall contain the following conditions: (1) the Indian nation, tribe or pueblo, but not the bureau of Indian affairs, shall submit proof of adequate public liability and property damage insurance for vehicles operated by the peace officers and police professional liability insurance from a company licensed to sell insurance in the state; (2) each applicant for a commission shall successfully complete four hundred hours of basic police training that is approved by the director of the New Mexico law enforcement academy; (3) the chief of the New Mexico state police shall have the authority to suspend any commission granted pursuant to Subsection B of this section for reasons solely within the chief's discretion; (4) if any provision of the agreement is violated by the Indian nation, tribe or pueblo or any of its agents, the chief of the New Mexico state police shall suspend the agreement on five days' notice, which suspension shall last until the chief is satisfied that the violation has been corrected and will not recur; (5) the goldenrod-colored officer's second copy of any citation issued pursuant to a commission authorized by this section shall be submitted within five days to the chief of the New Mexico state police; (6) any citation issued pursuant to a commission authorized by this section shall be to a magistrate court of New Mexico; except that any citations issued to Indians within the exterior boundaries of an Indian reservation shall be cited into tribal court; (7) the agreement or any commission issued pursuant to it shall not confer any authority on a tribal court or other tribal authority that the court or authority would not otherwise have; (8) the authority conferred by any agreement entered into pursuant to the provisions of this section shall be coextensive with the exterior boundaries of the reservation; except that an officer commissioned under this section may proceed in hot pursuit of an offender beyond the exterior boundaries of the reservation, and the authority conferred in any written agreement between the chief of the New Mexico state police and the Navajo Nation may extend beyond the exterior boundaries of the Navajo reservation to and including the area enclosed by the following description: Beginning at a point where the southern boundary line of the Navajo Nation reservation intersects the western right-of-way line of US 491, and running thence; southerly along the western right-of-way line of US 491 to the northerly city limits of Gallup; thence, easterly along the northerly city limits of Gallup to the northern side of the right of way of I-40; thence, in an easterly direction along the northerly side of the right of way of I-40 to the northerly limits of the village of Prewitt; thence, in a straight line between the northerly boundary of the village of Prewitt to the southerly boundary of Ambrosia Lake; thence in a straight line between the southerly boundary of Ambrosia Lake to the southerly boundary of Hospah; thence, east along a straight line from the southerly boundary of Hospah to the southern boundary of Torreon; thence along the easterly side of the right of way of state road 197 to the westerly city limits of Cuba; thence, north along the westerly side of the right of way of state road 44 to the southerly boundary of the Jicarilla Apache Nation reservation; thence, westerly along the southerly boundary of the Jicarilla Apache Nation reservation to the southwest corner of that reservation; thence, northerly along the westerly boundary of the Jicarilla Apache Indian reservation to a point where the westerly boundary of the reservation intersects the southerly side of the right of way of state road 44; thence, northerly along the southerly side of the right of way of state road 44 to its intersection with the northerly side of the right of way of Navajo road 3003; thence, along the northerly side of the right of way of Navajo road 3003 to a point where the northerly side of the right of way of Navajo road 3003 intersects the westerly side of the right-of-way line of state road 371; thence, northerly along the west side of the right of way of state road 371 to the southerly side of the right of way of Navajo road 36; thence, westerly along the southerly side of the right of way of Navajo road 36 to the eastern border of the Navajo Nation reservation; thence, along the eastern and southerly borders of the Navajo Nation reservation to the point of beginning. The municipalities of Cuba and Gallup and the villages of Thoreau and Prewitt are excluded from the grant of authority that may be conferred in any written agreement entered into pursuant to provisions of this section; provided, however, any written agreement may include under such grant of authority the communities of Ambrosia Lake, Hospah, Torreon, Lybrook, Nageezi, Counselors and Blanco Trading Post and those communities commonly known as the Wingate community; the Navajo Nation Blue Water ranch area of the Thoreau community; the Prewitt community, exclusive of the village of Prewitt; the Haystack community; the Desidero community; the Sand Springs community; the Rincon Marquis community; the Charley Jesus Arviso and the Castillo community; and state road 264 beginning at the point where it intersects US 491 and ending where state road 264 intersects the Arizona-New Mexico state line; and (9) the chief of the New Mexico state police or the chief's designee and the Indian nation, tribe or pueblo or the appropriate federal official shall be required to meet at least quarterly or more frequently at the call of the chief of the New Mexico state police to discuss the status of the agreement and invite other law enforcement or other officials to attend as necessary. D. Nothing in this section impairs or affects the existing status and sovereignty of an Indian nation, tribe or pueblo as established under the laws of the United States. E. All persons who are duly commissioned federal law enforcement officers employed by the federal bureau of investigation; drug enforcement administration; bureau of alcohol, tobacco and firearms; United States secret service; United States customs service; immigration and naturalization service; United States marshals service; postal inspection service; United States probation department; and United States pretrial services agency; and other appropriate federal officers whose primary duty is law enforcement related, who are assigned in New Mexico and who are required to be designated by the county sheriff on a case-by-case basis in the county in which they are working, are recognized and authorized to act as New Mexico peace officers and have all the powers of New Mexico peace officers to enforce state laws in New Mexico, including the power to make arrests for violation of state laws. The department of public safety shall maintain a registry that lists the name and affiliated federal agency of every federal law enforcement officer recognized and authorized to act as a New Mexico peace officer pursuant to the provisions of this subsection. This subsection shall not be construed to impose liability upon or to require indemnification by the state for any act performed by a federal law enforcement officer pursuant to this subsection. F. The provisions of Subsection E of this section regarding designation of federal law enforcement officers by a county sheriff do not apply to federal law enforcement officers who are duly commissioned officers of a police or sheriff's department for an Indian nation, tribe or pueblo in New Mexico or who are federal law enforcement officers employed by the bureau of Indian affairs. G. Nothing in this section limits, impairs or nullifies the authority of county sheriffs to appoint pursuant to Chapter 4, Article 41 NMSA 1978 duly commissioned state or federally certified officers who are employees of a police or sheriff's department of an Indian nation, tribe or pueblo in New Mexico or who are federal law enforcement officers employed by the bureau of Indian affairs as deputy sheriffs authorized to enforce New Mexico criminal and traffic law. History: 1953 Comp., § 39-1-12, enacted by Laws 1972, ch. 8, § 1; 1979, ch. 39, § 1; 1981, ch. 120, § 1; 1983, ch. 275, § 1; 1988, ch. 14, § 3; 1993, ch. 179, § 1; 1995, ch. 186, § 1; 1997, ch. 260, § 1; 2002, ch. 92, § 1; 2005, ch. 290, § 1. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, added Subsection G to provide that nothing in this section limits, impairs or nullifies the authority of county sheriffs to appoint duly commissioned state or federally certified officers who are employees of a police or sheriff's department of an Indian nation, tribe or pueblo in New Mexico or who are federal law enforcement officers employed by the bureau of Indian affairs as deputy sheriffs authorized to enforce New Mexico criminal and traffic law. The 2002 amendment, effective May 15, 2002, deleted "payment" following "authority" in the section heading; and deleted Paragraph C(10), which provided for payment from the law enforcement protection fund to tribes or pueblos for each commissioned peace officer in the tribe or pueblo. The 1997 amendment, effective July 1, 1997, in Subsection E, in the first sentence, inserted "United States probation department; United States pretrial services agency;", deleted "as designated by the chief of the New Mexico state police upon a recommendation by a county sheriff" preceding "who are assigned", and inserted "and who are required to be designated by the county sheriff on a case-by-case basis in the county in which they are working", added the second sentence; and added Subsection F. The 1995 amendment, effective June 16, 1995, substituted "pursuant to provisions of" for "under" near the end of Paragraph (8) in Subsection C, and in Subsection E deleted "and" preceding "postal" and substituted "whose primary duty is law enforcement related, as designated by the chief of the New Mexico state police upon a recommendation by a county sheriff" for "as designated by the chief of the New Mexico state police". The 1993 amendment, effective June 18, 1993, inserted "payment" and substituted "commissioned peace officers" for "commissioning" in the section heading; added Paragraph (10) of Subsection C; and made minor stylistic changes in Paragraphs (2), (4), (8), and (9) of Subsection C and in Subsection E. Tribal officer was properly cross-commissioned. — Where defendant, who was a non-Indian, was arrested by a Pueblo police officer on property of the Pueblo and charged in a county magistrate court with aggravated DWI; the officer was cross-commissioned as a county special deputy sheriff by the county sheriff's office; the officer signed an oath of office that was also signed by the county sheriff and carried a card issued by the county sheriff's office indicating the officer's cross-commissioning status; the officer was wearing the Pueblo police department uniform at the time of the arrest; the officer was a commissioned, full-time Pueblo tribal officer; and the officer's salary was paid by the Pueblo police department and included incremental pay financed from a grant from the bureau of Indian affairs to assist the Pueblo police department in targeting the motoring public, the officer was properly cross-commissioned and could properly arrest defendant while wearing the uniform of and receiving a salary from the Pueblo police department. State v. Sanchez, 2014-NMCA-095. Off-reservations crimes. — State officers have the authority to enter Indian country to investigate off-reservation crimes committed in their presence by Indians, so long as the investigation does not infringe on tribal sovereignty by circumventing or contravening a governing tribal procedure. A traffic stop which included the administration of field sobriety tests, did not circumvent or contravene the Navajo Nation Code and, therefore, did not infringe on the sovereignty of the Navajo Nation. State v. Harrison, 2010-NMSC-038, 148 N.M. 500, 238 P.3d 869, aff'g 2008-NMCA-107, 144 N.M. 651, 190 P.3d 1146. Authority of non-cross-commissioned officer. — A state police officer, who is not cross-commissioned with the bureau of Indian affairs or the tribe, may pursue an Indian onto the reservation, across jurisdictional lines, for a minor traffic offense committed outside the reservation and after determining that the officer lacks jurisdiction, the officer may continue to detain the Indian and collect evidence for use against him. State v. Harrison, 2008-NMCA-107, 144 N.M. 651, 190 P.3d 1146, aff'd, 2010-NMSC-038, 148 N.M. 500, 238 P.3d 869. Inconsistency between written agreements. — It is inconsistent for the legislature to require a written agreement for the issuance of a cross commission under this section between state law enforcement and Indian tribal police officers and not require a written agreement for mutual aid agreements under Section 29-8-3 NMSA 1978. State v. Branham, 2004-NMCA-131, 136 N.M. 579, 102 P.3d 646. Authority of cross-commissioned officer. — Traffic stop and detention and arrest are not illegal where Navajo tribal officer acted as a New Mexico peace officer with authority to enforce the Motor Vehicle Code on non-Indian land in the city of Gallup. State v. Martinez, 2005-NMCA-052, 137 N.M. 432, 112 P.3d 293, cert. denied, 2005-NMCERT-005, 137 N.M. 522, 113 P.3d 345. Because Navajo tribal officer claims to have been deputized by the McKinley County sheriff, Subsection C(8) of Section 29-1-11 NMSA 1978 does not defeat his claimed authority to act as a cross-commissioned county deputy. State v. Martinez, 2005-NMCA-052, 137 N.M. 432, 112 P.3d 293, cert. denied, 2005-NMCERT-005, 137 N.M. 522, 113 P.3d 345. Authority of non-cross-commissioned officers. — A non-cross-commissioned federal police officer has the lawful authority not only to stop a motor vehicle within an Indian reservation, but also to issue the driver a federal traffic citation based on state law. Ryder v. State, 1982-NMSC-066, 98 N.M. 316, 648 P.2d 774. A non-cross-commissioned bureau of Indian affairs officer is empowered to stop a vehicle within the borders of an Indian reservation for a traffic law offense and, upon determining that the offender is a non-Indian, to request him to wait until a cross-commissioned BIA officer arrives. State v. Ryder, 1981-NMCA-017, 98 N.M. 453, 649 P.2d 756, aff'd, 1982-NMSC-066, 98 N.M. 316, 648 P.2d 774. Authority of tribal police officer over non-Indian. — A tribal police officer has the authority to stop and issue a tribal citation, and arrest a non-Indian, so long as the Indian authorities promptly deliver up the non-Indian offender, rather than try and punish him themselves. State v. Ryder, 1981-NMCA-017, 98 N.M. 453, 649 P.2d 756, aff'd, 1982-NMSC-066, 98 N.M. 316, 648 P.2d 774. 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. Citations issued to non-Indians. — Traffic citations lawfully issued by a commissioned bureau of Indian affairs officer to a non-Indian cannot legally be referred to a tribal court, but should be referred to state magistrate court. 1992 Op. Att'y Gen. No. 92-07. Law reviews. — For annual survey of New Mexico law relating to criminal procedure, see 12 N.M.L. Rev. 271 (1982).