2021 New Mexico Statutes
Article 6 - New Mexico Mounted Patrol
Section 29-6-4 - [Duties of mounted patrol.]

It shall be the duty of the New Mexico mounted patrol and the members thereof to assist in the enforcement of law by cooperating with all law enforcement agencies and regulatory bodies of the state of New Mexico when requested by them and under their direction and control; to act as an official bodyguard to the governor of this state or to distinguished visitors upon the call of the governor.
History: 1941 Comp., § 66-1105, enacted by Laws 1941, ch. 149, § 5; 1953 Comp., § 9-11-5.
Legislative intent that patrol perform voluntarily. — Since no provision is found relating to the salaries or other compensation for services rendered, it must be concluded as the legislative intent that all members of the patrol were to perform in a voluntary and honorary capacity only. 1957 Op. Att'y Gen. No. 57-41.
Power to arrest same as private citizen. — Unless called in specific instances to assist law enforcement officers, officer's power to arrest is no different than that of a private citizen. Throughout the statutes it is seen that authority to arrest, other than as a private citizen, exists only when there is a specific request from regular law enforcement officers. And it is further apparent that when called upon to assist law enforcement agencies that patrol's conduct shall be under their direction and control. The commission which is issued can, of course, have no more force than the authority given by the statutes under which that commission is issued. 1956 Op. Att'y Gen. No. 56-6350.
Uniform unnecessary to exercise authority. — It is not necessary that mounted patrol be in uniform in order to exercise the authority which it has. 1956 Op. Att'y Gen. No. 56-6350.
Extra-hazardous duty not performed under color of employment agreement. — A trooper or officer of the New Mexico mounted patrol, in carrying out duties as provided, is without question engaging in extra-hazardous activities. However, such extra-hazardous duty is not being performed under any color of an employment agreement. 1957 Op. Att'y Gen. No. 57-41.

Structure 2021 New Mexico Statutes