N.M. R. Mun. Ct. P. 8-205

As amended through November 1, 2024

Rule 8-205 - Arrest warrants

A.To whom directed. Whenever a warrant is issued in an action, including by any method authorized by Paragraph G of Rule 8-207 NMRA, it shall be directed to a municipal police officer, a full-time salaried state or county law enforcement officer, a campus security officer, or an Indian tribal or pueblo law enforcement officer. The person obtaining the warrant shall cause it to be entered into a law enforcement information system. A copy of the warrant shall be docketed in the case file. Upon arrest, the defendant shall be brought before the court without unnecessary delay.

B.Arrest. The warrant shall be executed by the arrest of the defendant. If the warrant is in the possession of the arresting officer at the time of the arrest, a copy shall be served on the defendant upon arrest. If the warrant is not in the officer's possession at the time of arrest, the officer shall inform the defendant of the offense and of the fact that a warrant has been issued and shall serve the warrant on the defendant as soon as practicable.

C.Return. The arresting officer shall make a return of the warrant, or any duplicate original, to the court which issued the warrant and notify immediately all law enforcement agencies previously advised of the issuance of the warrant for arrest that the defendant has been arrested. The return shall be docketed in the case file.

D.Duty to remove warrant. If the warrant has been entered into a law enforcement information system, upon arrest of the defendant, the person executing the warrant shall cause it to be removed from the system. If the court withdraws the warrant, the court shall cause the warrant to be removed from the warrant information system.

N.M. R. Mun. Ct. P. 8-205

As amended, effective 7/1/1999;3/1/2000; as amended by Supreme Court Order No. 13-8300-011, effective for all cases pending or filed on or after7/15/2013.

Committee commentary. - Paragraph A was amended in 2013 to permit alternate methods for requesting and issuing arrest warrants. See Rule 8-207 NMRA and the related committee commentary for more information.

[Adopted by Supreme Court Order No. 13-8300-011, effective for all cases pending or filed on or after July 15, 2013.]

ANNOTATIONS The 2013 amendment, approved by Supreme Court Order No. 13-8300-011, effective for all cases pending or filed on or after July 15, 2013, provided for alternate methods for requesting and issuing arrest warrants; in Paragraph A, in the first sentence, after "issued in an action", added "including by any method authorized by Paragraph G of Rule 8-207 NMRA"; and in Paragraph C, after "shall make a return", added "of the warrant, or any duplicate original". The 2000 amendment, effective March 1, 2000, made gender neutral changes in Paragraph B. The 1999 amendment, effective July 1, 1999, added the second and third sentences in Paragraph A, the last sentence in Paragraph C, and Paragraph D.

For forms on warrant for arrest and return where defendant is found, see Rule 9-210 NMRA. For the statutory requirement that the state police maintain a criminal identification system, see Section 29-3-1 NMSA 1978. For the requirement that municipal peace officers obtain fingerprints of those arrested for DWI offenses, see Section 29-3-8 NMSA 1978. For criminal process in driving while under the influence of intoxicating liquor or drugs, see Section 35-14-2 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law §§ 408 to 410, 421, 422. Necessity of showing warrant upon making arrest under warrant, 40 A.L.R. 62. Liability for false imprisonment, of officer executing warrant for arrest as affected by its being returnable to wrong court, 40 A.L.R. 290. Power of private person to whom warrant of arrest is directed to deputize another to make the arrest or to delegate his power in that respect, 47 A.L.R. 1089. Territorial extent of power to arrest under a warrant, 61 A.L.R. 377. Civil liability of officer making arrest under warrant as affected by his failure to exhibit warrant, or to state fact of, or substance of, warrant, 100 A.L.R. 188. 22 C.J.S. Criminal Law §§ 334 to 339.