A. No person shall be arrested for violating the Motor Vehicle Code [66-1-1 N.M. Stat. Ann.] or other law relating to motor vehicles punishable as a misdemeanor except by a commissioned, salaried peace officer who, at the time of arrest, is wearing a uniform clearly indicating the peace officer’s official status.

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Terms Used In New Mexico Statutes 66-8-124

  • Arrest: Taking physical custody of a person by lawful authority.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

B. Notwithstanding the provisions of Subsection A of this section, a municipality may provide by ordinance that uniformed private security guards may be commissioned by the local police agency to issue parking citations for violations of clearly and properly marked fire zones and access zones for persons with significant mobility limitation. Prior to the commissioning of any security guard, the employer of the security guard shall agree in writing with the local police agency to the commissioning of the employer’s security guard. The employer of any security guard commissioned under the provisions of this section shall be liable for the actions of that security guard in carrying out the security guard’s duties pursuant to that commission. Notwithstanding the provisions of the Tort Claims Act N.M. Stat. Ann. § 41-4-1 to 41-4-27, private security guards commissioned under this section shall not be deemed public employees under that act.