A. A law enforcement officer present and observing another officer using physical force, including deadly physical force, that the law enforcement officer has probable cause to believe is excessive based on the totality of the circumstances shall intervene to prevent the use of excessive force, unless intervening would result in imminent harm to the officer or another identifiable individual.

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Terms Used In New Mexico Statutes 29-7D-5

  • Probable cause: A reasonable ground for belief that the offender violated a specific law.

B. A law enforcement officer who observes another officer using physical force, including deadly physical force, that the law enforcement officer has probable cause to believe is excessive based on the totality of the circumstances shall report the incident to the officer’s direct supervisor as soon as reasonably possible but no later than the end of the officer’s shift.

C. A law enforcement officer who had a duty to intervene and failed to do so shall be disciplined and, depending on the seriousness of the violation, may be suspended, decertified, decommissioned or terminated from the officer’s position.