What Are the Key Differences Between Aggravated Robbery and Aggravated Burglary?
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What is Considered an Arrest in New Mexico?
In New Mexico, arrests refer to the process of taking a person into custody in a manner approved by law to answer for crimes committed. Arrests occur in New Mexico when law enforcement officers acting under authority restrain a person's freedom through physical force or a show of authority. All arrests in New Mexico must involve detaining a person in connection with criminal charges supported by facts or evidence -probable cause.
New Mexico's Constitution, like the U.S. Constitution, safeguards citizens from unlawful arrests and detentions. Article II, Section 10 of the New Mexico constitution reiterates the provisions of the Fourth Amendment by protecting citizens from unlawful search and seizures during arrests. Both legal frameworks emphasize probable cause as a requirement for arrests. In practice, law enforcement officers must have sufficient evidence to lead a reasonable person to believe a crime has been committed. The alignment of both constitutions ensures that New Mexicans enjoy protections against unreasonable arrests.
Law enforcement officials may exercise their authority to arrest under various situations. A burglar caught while escaping from a residence is arrested for a criminal offense. A judge issues a bench warrant for failure to appear in court, and law enforcement arrests the individual when located. A person fleeing the scene of a robbery is arrested immediately based on probable cause, even though no warrant was issued. A driver pulled over for overspeeding is arrested for the traffic offense of driving with a suspended license. A parent is arrested for failing to comply with a court-ordered child support payment.
During arrests, several legal principles govern how law enforcement handles arrested persons. They include:
- Custody and Control: Custody refers to the physical authority law enforcement officers have to restrict a person's freedom. Once arrested, the person is in the custody of police officers and under the direct control of the authorities.
- Legal Authority: The legal authority to make arrests in New Mexico comes from warrants. Officers may arrest an individual based on a warrant and have legal authority to make warrantless arrests in specific situations based on Section 31-1-7 of the New Mexico Statute Annotated (NMSA).
- Miranda Rights: After restraining arrested persons, law enforcement officers must read them their Miranda rights before custodial interrogations. The rights include the right to remain silent, the right to an attorney, the warning that anything said can be used against the individual in court, and the provision of a court-appointed attorney where the person cannot afford one.
- Restraint and Transport: Restraint refers to the medium law enforcement officers use to physically control a person. Handcuffs are the most common form of restraints used by officers to secure arrested individuals. Transport involves moving arrested persons from the arrest location to a detention center or jail.
- Booking Process: The booking process documents details of the arrests into the legal system, including personal information, fingerprints, mugshots, the charges filed, and the time and place of arrest. It also requires accessing arrested persons for any medical and mental health needs and confiscating any personal belongings of the individual.
Arrests and detention are two legal concepts involving some level of restriction on an individual's freedom of movement. However, they differ based on duration, legal standard, purpose, and rights. Arrests occur when a person is taken into custody by law enforcement with the intent of formally charging them for a crime. Arrests solely based on probable cause usually lead to longer-term restrictions of freedom. Officers are mandated to recite Miranda rights to persons being taken into custody. Detention, on the other hand, is short-term. It is the temporary restriction of an individual's freedom by law enforcement officers for investigative purposes. Detention is based on a lower standard, reasonable suspicion rather than probable cause. Miranda rights do not apply to detention unless the detention escalates to arrest.
What is Unlawful Arrest in New Mexico?
Unlawful arrests occur in New Mexico when law enforcement officers make arrests without probable cause and legal authority. Unlawful arrests do not comply with state or federal laws and violate the legal rights of arrested persons. The following elements constitute unlawful arrests in New Mexico:
- Lack of Probable Cause: Police officers must have probable cause to make arrests in New Mexico. Probable cause is required for arrests, whether with or without a warrant.
- Violation of Constitutional Rights: Unlawful arrests violate constitutional rights, especially those guaranteed by the Fourth and Fifth Amendments. Arrests conducted without legal justification or arrests made without reading the Miranda rights before custodial interrogation violate an individual's right, making the arrest unlawful.
- Arrest Without a Warrant: Warrantless arrests are permissible under certain situations, such as the crime being committed in the presence of an officer or probable cause to believe that a felony has been committed. Outside these provisos, arrest without a warrant is unlawful.
- Racial Profiling and Discrimination: Racial profiling occurs when peace officers suspect someone of a crime due to their race, ethnicity, or nationality instead of evidence or proof. Arrests made based on racial profiling or any other form of discriminatory factors such as gender, sexual orientation, or religion render the arrests illegal.
- Procedural Violations: Arrests become unlawful when law enforcement officers fail to follow procedural requirements. Section 31-1-5 of the NMSA outlines the procedures officers must follow after making an arrest.
Unlawful arrests violate individual's rights and can lead to various legal consequences for the arresting officers and their agencies. The most immediate repercussion for unlawful arrest is the exclusion of evidence obtained during illegal arrests. Rooted in the Fourth Amendment, any evidence such as confession, witness statements, or physical evidence gathered during arrests deemed unlawful is inadmissible in court. Similarly, an unlawful arrest may lead to the dismissal of charges against the arrested person. Persons unlawfully apprehended in New Mexico may file a civil rights lawsuit against the arresting officers or law enforcement agencies. Per 42 U.S.C. § 1983, individuals can sue police officers for violating their constitutional rights, such as unlawful arrest or illegal search and seizure. Furthermore, law enforcement officers who make unlawful arrests may face criminal charges or disciplinary action, including suspension, demotion, or termination.
Are Arrest Records Public in New Mexico?
Arrest records are public records in New Mexico. The New Mexico Inspection of Public Records Act (IPRA) enables access to public records of government entities, including law enforcement agencies throughout the state. The Act establishes that every person has the right to inspect and copy public records, including arrest records, in the state. However, some arrest records or information on the records are restricted from public access.
Arrest records contain various information related to the arrest. Most information on arrest reports is publicly available under the IPRA. The following information on arrest records is open to the public in New Mexico:
- Personal information of the arrested party
- The arrest details
- The charges brought against the individual
- Fingerprints, booking number, and mugshot
- The bail and detention information
- The court information
Some states restrict access to mugshot information or arrest records to protect individual privacy. Mugshots are typically considered public in New Mexico. However, certain exemptions exist. For instance, mugshots of juveniles, those involved in sensitive cases such as sexual offenses, or mugshot information on sealed or expunged arrest records are withheld from the public.
While most arrest records are public in New Mexico, certain exceptions exist where records or parts of them may be sealed, redacted, or restricted from public view. Arrest records contained in sealed or expunged records are closed to the public. Arrest records related to ongoing investigations are inaccessible to the public to avoid compromising the investigation. Arrest records involving juveniles are sealed and unavailable to the public to protect the privacy of minors. Personal identifiers such as social security numbers, medical information, driver's license numbers, and financial account details are redacted from arrest records before releasing to the public to protect the individual from fraud, harassment, or identity theft.
What are the Types of Arrest Records in New Mexico?
Arrest records are compiled and made accessible to the public by various law enforcement agencies across New Mexico. Generally, arrest records in New Mexico are maintained at the county and state level. The nature of the agency involved dictates what information is included in arrest records and how the public can access them.
Police departments and county sheriff's offices keep arrest records at the local level. The record relates to arrests made within their specific jurisdiction. While the local police department manages arrest reports within cities and towns, the county sheriff's office maintains arrest records for arrests made in unincorporated areas and municipalities.
New Mexico also maintains state-level arrest records. Arrest records at the state level are more comprehensive. Often referred to as criminal records, they include information on arrests made by state police and other law enforcement agencies. The New Mexico State Police maintains arrest records related to criminal activity throughout the state. Arrest reports at the state level cover multiple jurisdictions and include arrest data for more severe crimes like felonies.
Where are Arrest Records Kept in New Mexico?
Arrest records are kept by a variety of state, local, and federal agencies, each holding specific types of records depending on their responsibilities and the scope of their jurisdiction. The following agencies maintain arrest records across New Mexico.
- Local Police Departments and Sheriff's Offices: Local law enforcement agencies, such as city police departments and county sheriff's offices, are responsible for maintaining arrest records that involve crimes committed within their jurisdictions.
- New Mexico State Police (NMSP): The NMSP maintains arrest records for state-level offenses, including crimes across multiple jurisdictions, felonies, and serious traffic offenses. They also handle arrests made by state troopers involving narcotics enforcement and highway patrol duties.
- New Mexico Courts: The courts keep records of arrests that resulted in legal proceedings. Court arrest records contain details on the charges, case filings, docket information, sentencing, and final verdicts.
- New Mexico Department of Public Safety (DPS): The DPS serves as the state's central repository for criminal records, including arrest records. The DPS collates reports from various law enforcement agencies, including local police departments, county sheriff's offices, and state police. The records include information on convictions, outstanding warrants, and criminal background checks.
- Federal Agencies: Federal law enforcement agencies, such as the Federal Bureau of Investigation (FBI), keep records of arrests for federal crimes, including Interstate crimes, drug trafficking, terrorism, and other federal offenses. The FBI maintains a centralized database, the National Crime Information Center (NCIC), accessible by law enforcement agencies nationwide.
- Correctional Facilities: The New Mexico Corrections Department (NMCD) maintains arrest records for individuals arrested, convicted, and sentenced to state detention facilities or prisons. Their records are tied to the original arrest and court proceedings before incarceration.
How To Find Public Arrest Records in New Mexico?
Arrest records are accessible at the following agencies across Mexico:
Department of Public Safety
P.O.Box 1628
Santa Fe, NM 87504-1628
- Local Police Departments and County Sheriff's Offices: Arrest reports are first documented at the local police department or county sheriff's offices. Searchers may contact the records division or public information unit of the local police department or sheriff's office where the arrest occurred. Some local law enforcement agencies may require record seekers to submit a formal written request or complete a record request form to access the record. Others provide electronic access to the records through their websites.
- New Mexico Department of Public Safety (DPS): The DPS, through the Law Enforcement Records Bureau (LERB), manages and maintains criminal history records obtained from all law enforcement agencies across New Mexico. Arrest records from the LERB require searchers to complete and notarize the Authorization for Release of Information form. There is a processing fee of $15.00 per arrest report, payable with money orders or cashier's checks. Completed forms may mailed to:
Alternatively, record seekers may access arrest records through the New Mexico Applicant Fingerprint Processing (NMAPS), an electronic fingerprinting and background checks service that offers access to state background checks. To obtain arrest records, individuals or authorized entities must submit a full set of fingerprints to third-party vendors approved by the state or at the NMDPS manual fingerprinting services at NMDPS Headquarters.
- New Mexico Courts: Court records provide details on how arrests are processed through the judicial system. The New Mexico Judiciary grants access to court records, including arrest records, through the New Mexico Courts Case Lookup. Searchers may access the records using the defendant's name or the unique case number. Arrest records are also accessible at the courthouse where the case was heard. Each courthouse, through the Clerk of Courts, maintains records of cases processed within its jurisdiction. Interested persons may visit the courthouse in person or mail requests for the records.
- Third-Party Websites: Third-party websites aggregate public records from various sources, such as court databases and law enforcement agencies. Websites like RecordFinder offer more accessible and convenient options for conducting background checks and accessing arrest reports. While third-party platforms offer ease of use, some records may be incomplete, outdated, or contain errors.
How Long Do Arrests Stay on the Record in New Mexico?
Arrest records remain on a person's criminal history report into the foreseeable future in New Mexico. Unlike states with established laws to automatically seal or expunge arrest records after a predetermined waiting period, New Mexico does not offer automatic removal of arrest reports. Arrest records, including non-conviction, remain accessible to the public unless the individual petitions and gets approval from the courts to expunge under specific conditions.
How To Seal or Expunge an Arrest Record in New Mexico?
Sealing or expunging arrest records in New Mexico involves removing them from public access and limiting who can view or obtain them. Sealing arrest records hides it from the public but does not destroy it. The records remain in the judicial system and are accessible by law enforcement agencies and other authorized agencies. Expungement is the complete destruction of the arrest record as if it never existed.
New Mexico law provides for the expungement of adult arrest records only. The Criminal Records Expungement Act provides the legal framework for expunging criminal records, including arrest records in New Mexico. Per the Act, persons seeking to expunge their arrest records must fulfill the following conditions:
- There are no other arrest charges against the individual
- Arrested persons have fulfilled all victim restitution ordered by the courts
- During the waiting period, the arrested individuals were not convicted of additional crimes
- The arrests did not result in a conviction, or the case was acquitted or dismissed
The Act further specifies the waiting period before applying for expungement. Per the law,
- Persons wrongfully arrested may petition the courts to expunge the records immediately.
- Persons released without convictions for a violation of a municipal ordinance felony or misdemeanor may petition the courts after one year from completing all the terms of the sentence.
- Persons convicted for violating municipal ordinances may petition the courts:
- After two years for misdemeanors or municipal ordinance violations
- After four years for misdemeanor convictions for aggravated battery or conviction for a fourth-degree felony
- After six years for convictions relating to third-degree felonies
- After eight years for second-degree felonies
- After ten years for first-degree felonies
Expunging arrest records in New Mexico requires the record holder to fill out the applicable Petition to Expunge Arrest Records form to petition the appropriate court for expungement. The petitioner must file the requests at the courts where the case was handled. Once filed at the courts, the petitioner must notify the office of the district attorney's officer in the jurisdiction where the case was heard. The court will request a hearing if the district attorney objects to the petition. After the hearing, the courts may grant the expungement request. Where the request is approved, the arrest record is deleted and removed from public access.
