2023 New Mexico Statutes › Chapter 4 - Counties › Article 41 - County Sheriff › Section 4-41-2 - [Duties.]

The sheriff shall be conservator of the peace within his county; shall suppress assaults and batteries, and apprehend and commit to jail, all felons and traitors, and cause all offenders to keep the peace and to appear at the next term of the court and answer such charges as may be preferred against them.
History:
Kearny Code, Sheriffs, § 4; C.L. 1865, ch. 99, § 3; C.L. 1884, § 398; C.L. 1897, § 734; Code 1915, § 1260; C.S. 1929, § 33-4416; 1941 Comp., § 15-3802; 1953 Comp., § 15-40-2.
ANNOTATIONS
Cross references.
— For enforcement of county ordinances,
see
4-37-3 NMSA 1978.
For collection and disposition of fees by sheriffs of H class counties,
see
4-44-15 NMSA 1978.
For maintenance of records as to confinement and release of prisoners,
see
4-44-19 NMSA 1978.
For allowances and reimbursement of expenses for feeding prisoners,
see
4-44-19, 4-44-20 NMSA 1978.
For collection and disposition of fees, commissions, mileage and per diem,
see
4-44-28, 4-44-29 NMSA 1978.
For enforcement of game laws,
see
17-2-19 NMSA 1978.
For enforcement of trappers' and fur dealers' provisions,
see
17-5-8 NMSA 1978.
For carrying of weapons,
see
30-7-2 NMSA 1978.
For penalty for resisting or obstructing officer,
see
30-22-1 NMSA 1978.
For penalty for refusing to aid officer,
see
30-22-2 NMSA 1978.
For penalty for permitting prisoner to escape,
see
30-22-11 NMSA 1978.
For duties pertaining to forest fire laws,
see
30-32-3 NMSA 1978.
For control of jails,
see
33-3-1 NMSA 1978.
For collection of contributions under Unemployment Compensation Law,
see
51-1-36 NMSA 1978.
For duties pertaining to the Detoxification Reform Act,
see
43-2-1.1 NMSA 1978.
For arrest procedure for violations of motor vehicle laws,
see
66-8-122 NMSA 1978 et seq.
For arrest of persons obstructing or causing injury to highways,
see
67-7-11 NMSA 1978.
For execution of orders of livestock board,
see
77-3-2 to 77-3-10 NMSA 1978.
For power of officers to stop vehicles transporting livestock or carcasses,
see
77-9-46 NMSA 1978.
County sheriff is conservator of peace.
— A sheriff and his deputies are conservators of the peace within their county.
Anchondo v. Corrections Dep't
, 1983-NMSC-051, 100 N.M. 108, 666 P.2d 1255.
Suppressing breaches of the peace.
— The power and duty of a law enforcement officer to suppress breaches of the peace includes the right to take any reasonable steps to prevent such breaches from occurring when the officer has good reason to believe that a disturbance may occur.
State v. Prince
, 1999-NMCA-010, 126 N.M. 547, 972 P.2d 859.
Preventing breaches of the peace.
— The power and duty to suppress breaches of the peace includes the right to take any reasonable steps to prevent such a breach from occurring when the officers have good reason to believe that a disturbance may take place.
State v. Hilliard
, 1988-NMCA-066, 107 N.M. 506, 760 P.2d 799, cert. denied, 107 N.M. 468, 760 P.2d 160 .
Duties as to maintenance of roads and extinguishment of fires.
— Sheriffs are conservators of the peace, law enforcement officers and arms of the courts and have no duties pertaining to the maintenance of roads or the extinguishment of fires.
Sanchez v. Board of County Comm'rs
, 1970-NMCA-058, 81 N.M. 644, 471 P.2d 678, cert. denied, 81 N.M. 668, 472 P.2d 382.
Liability under 41-4-12 NMSA 1978.
— The statutory obligations that officers cooperate with prosecutors and bring defendants before the courts are primarily designed to protect the public by ensuring that dangerous criminals are removed from society and brought to justice; accordingly, as with the duty to investigate crimes under 29-1-1 NMSA 1978, the duties of cooperating with prosecutors, diligently filing complaints, and bringing defendants before the courts inure to the benefit of private individuals, and the violation of these statutory duties may give rise to a cognizable claim under the Tort Claims Act, Chapter 41, Article 4 NMSA 1978.
Weinstein v. City of Santa Fe ex rel. Santa Fe Police Dep't
, 1996-NMSC-021, 121 N.M. 646, 916 P.2d 1313.
County sheriff is conservator of peace
within his county. 1955 Op. Att'y Gen. No. 55-6283.
County sheriff and state police have concurrent authority
for enforcement of state laws independent of one another. 1943 Op. Att'y Gen. No. 43-4252.
Transportation of prisoners
housed at a county jail or other detention facility is not the exclusive responsibility of the local sheriff's department; jail administrators and independent contractors may also transport inmates at their facilities. 2000 Op. Att'y Gen. No. 00-02.
Sheriffs do not have the sole responsibility for transporting arrested individuals to county jail.
— Any person charged with a crime committed in the state, while awaiting indictment or trial on such charge is required to be incarcerated in the county jail of the county wherein such crime is alleged to have been committed, and this section explicitly designates the sheriff as being responsible for transporting detainees to court to answer such charges, but this section does not address the mechanics of transporting an individual to jail in the first place when that individual is arrested by another law enforcement agency; when a municipal officer acts to arrest someone, they are acting under their statutory authority as a municipal officer and the municipality is therefore responsible and liable for the arrestee until the arrestee is delivered to the actual custody of the county jail. A court may reasonably conclude that municipal officers have authority to transport individuals arrested to county custody.
County Sheriff Prisoner Transport Responsibility upon Arrest of Individuals by Municipal Police
(12/2/2022), Att'y Gen. Adv. Ltr. 2022-17.
Sheriffs do not have the sole responsibility for transporting arrested individuals to county jail.
— Any person charged with a crime committed in the state, while awaiting indictment or trial on such charge is required to be incarcerated in the county jail of the county wherein such crime is alleged to have been committed, and this section explicitly designates the sheriff as being responsible for transporting detainees to court to answer such charges, but this section does not address the mechanics of transporting an individual to jail in the first place when that individual is arrested by another law enforcement agency; when a municipal officer acts to arrest someone, they are acting under their statutory authority as a municipal officer and the municipality is therefore responsible and liable for the arrestee until the arrestee is delivered to the actual custody of the county jail. A court may reasonably conclude that municipal officers have authority to transport individuals arrested to county custody.
County Sheriff Prisoner Transport Responsibility upon Arrest of Individuals by Municipal Police
(7/1/22), Att'y Gen. Adv. Ltr. 2022-04.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 Am. Jur. 2d Sheriffs, Police, and Constables §§ 46, 48, 49, 61.
Civil liability of sheriff or other officer charged with keeping jail or prison for death or injury of prisoner, 14 A.L.R.2d 353, 41 A.L.R.3d 1021.
Personal liability of sheriff, or his bond, for negligently causing personal injury or death, 60 A.L.R.2d 873.
Liability of prison authorities for injury to prisoner directly caused by assault by other prisoner, 41 A.L.R.3d 1021.
Sexual misconduct or irregularity as amounting to "conduct unbecoming an officer," justifying officer's demotion or removal or suspension from duty, 9 A.L.R.4th 614.
80 C.J.S. Sheriffs and Constables §§ 74 to 79.