2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 1 - Issuance of Process and Warrants › Section 31-1-7 - Arrest without warrant; liability.

A. Notwithstanding the provisions of any other law to the contrary, a peace officer may arrest a person and take that person into custody without a warrant when the officer is at the scene of a domestic disturbance and has probable cause to believe that the person has committed an assault or a battery upon a household member. As used in this section, "household member" means a spouse, former spouse, family member, including a relative, parent, present or former step-parent, present or former in-law, child or co-parent of a child, or a person with whom the victim has had a continuing personal relationship. Cohabitation is not necessary to be deemed a household member for purposes of this section.
B. No peace officer shall be held criminally or civilly liable for making an arrest pursuant to this section, provided he acts in good faith and without malice.
C. Whether or not an arrest is made pursuant to this section, a peace officer may remain with the victim and assist the victim in getting to a shelter or receiving proper medical attention.
History:
Laws 1979, ch. 178, § 1; 1995, ch. 23, § 2.
ANNOTATIONS
Cross references.
— For Tort Claims Act,
see
41-4-1 NMSA 1978 et seq.
The 1995 amendment,
effective June 16, 1995, in Subsection A, deleted "family or" preceding "household member" at the end of the first sentence, rewrote the second sentence which read "As used in this section, 'family or household members' means spouses, former spouses or persons residing with each other", and added the third sentence.
Meaning of the phrase "at the scene".
— The phrase "at the scene" as used in Section 31-1-7(A) NMSA 1978 must be read broadly to enable a police officer to make a warrantless arrest within a reasonable time and distance from when and where a domestic disturbance occurred.
State v. Almanzar
, 2014-NMSC-001,
rev'g
2012-NMCA-111, 288 P.3d 238.
Where defendant and the victim began quarreling in a parking lot; defendant kicked the victim; and the police arrested defendant for domestic violence at a store across the street from the parking lot within minutes after the victim called 911, defendant's warrantless arrest was lawful under Section 31-1-7(A) NMSA 1978 because the arrest was make in close proximity to when and where the incident occurred.
State v. Almanzar
, 2014-NMSC-001,
rev'g
2012-NMCA-111, 288 P.3d 238.
Warrantless arrest is authorized only at the scene of a domestic disturbance.
— An officer may not arrest a suspect for domestic battery under Subsection A of Section 31-1-7 NMSA 1978 without a warrant unless the officer is conducting the arrest at the scene where the domestic disturbance occurred.
State v. Almanzar
, 2012-NMCA-111, 228 P.3d 238,
rev'd
, 2014-NMSC-001.
Where police officers responded to a domestic violence incident that had occurred in a parking lot between defendant and defendant's live-in friend; after the incident, defendant and defendant's friend had both left the parking lot and had gone to two separate locations away from the parking lot; the officers found defendant at a convenience store that was near the parking lot; and the officers conducted a pat-down search of defendant and discovered cocaine in defendant's pants pocket, the district court erred in holding that the evidence would have been inevitably discovered during a search incident to a legal arrest for misdemeanor domestic battery because an arrest could only have been effectuated at the parking lot where the domestic battery had occurred.
State v. Almanzar
, 2012-NMCA-111, 228 P.3d 238,
rev'd
, 2014-NMSC-001.
Law reviews.
— For article, "Survey of New Mexico Law, 1979-80: Domestic Relations and Juvenile Law," see 11 N.M.L. Rev. 134 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity, in state criminal trial, of arrest without warrant by identified peace officer outside of jurisdiction, when not in fresh pursuit, 34 A.L.R.4th 328.
Validity of arrest made in reliance upon uncorrected or outdated warrant list or similar police records, 45 A.L.R.4th 550.
Burden of proof in civil action for using unreasonable force in making arrest as to reasonableness of force used, 82 A.L.R.4th 598.