Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest him on the ground that he is believed to have committed a felony in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county or municipal peace unit of this state, to arrest and hold in custody a person on the ground that he is believed to have committed a felony in this state.
History: Laws 1937, ch. 12, § 1; 1941 Comp., § 42-201; 1953 Comp., § 41-2-1.
Compiler's notes. — A few states have adopted a Uniform Law on Close Pursuit. Others have adopted a Uniform Law on Fresh Pursuit. However, the Commissioners on Uniform State Laws have not as yet promulgated or approved uniform laws on the subject.
Section grants same right to New Mexico officer. — An officer of the New Mexico state police, while in hot pursuit of a person who has committed a felony in New Mexico, may enter the state of Colorado, arrest such a person there and return him to New Mexico without obtaining extradition. 1960 Op. Att'y Gen. No. 60-66.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Arrest § 72.
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.
6A C.J.S. Arrest § 18.
Structure New Mexico Statutes
Chapter 31 - Criminal Procedure
Section 31-2-2 - [Arrested person taken before magistrate; hearing; commitment or discharge.]
Section 31-2-3 - [Construction of act; power to arrest not limited.]
Section 31-2-4 - ["State" includes District of Columbia.]
Section 31-2-5 - ["Fresh pursuit" defined.]
Section 31-2-6 - [Certified copies of law to be distributed.]
Section 31-2-7 - [Citation of act.]
Section 31-2-8 - Authority to arrest misdemeanant; fresh pursuit.