A. The board of regents of each state educational institution designated in Article 12, Section 11 of the constitution of New Mexico may employ and assign duties of university police officers for the institution.
B. At all times while on duty, university police officers shall carry commissions of office issued by the board of regents. University police officers have the powers of peace officers within the exterior boundaries of lands under control of the board of regents employing them, including public streets and highways within the boundaries, or immediately adjacent to a campus where students are educated. Within this territory, a university police officer may enforce all applicable laws, ordinances and campus traffic regulations, but no arrest for violation of any law, ordinance or campus traffic regulation relating to motor vehicles is valid unless, at the time of arrest, the university police officer is wearing:
(1) a distinctive badge bearing the name of the institution, issued to the officer by the board of regents; or
(2) a distinctive uniform prescribed and issued to the officer by the board of regents.
History: 1953 Comp., § 39-5-2, enacted by Laws 1968, ch. 62, § 154; 1975, ch. 22, § 1; 2019, ch. 14, § 1.
ANNOTATIONSThe 2019 amendment, effective July 1, 2019, extended the authority of university police officers to public streets and highways immediately adjacent to a campus where students are educated; and in Subsection B, added "or immediately adjacent to a campus where students are educated".
Authority of university police officers. — University of New Mexico officers possessed the powers of peace officers in dealing with defendant as long as he was parked "within the exterior boundaries" of the university. State v. Dawson, 1999-NMCA-072, 127 N.M. 472, 983 P.2d 421.
Arrest permitted off grounds under "fresh pursuit" doctrine. — The common law doctrine of "fresh pursuit" applies to university police to permit an arrest off of university grounds of suspect observed committing a felony on grounds. State v. Nysus, 2001-NMCA-102, 131 N.M. 338, 35 P.3d 993, cert. denied, 131 N.M. 363, 36 P.3d 953 (2002).
Traffic control jurisdiction. — The board of regents of the university of New Mexico is specifically given traffic control jurisdiction on its property and may employ and assign duties of campus security officers for the institution. 1969 Op. Att'y Gen. No. 69-48.
Section 35-14-2 NMSA 1978 supplements section. — Section 35-14-2 NMSA 1978, providing for a waiver of the right to regulate university property under agreement between boards of regents of state educational institutions and municipalities for traffic offenses occurring on the university campus, supplements Section 29-5-1 NMSA 1978 and this section. 1969 Op. Att'y Gen. No. 69-48.
City's jurisdiction over university limited. — With certain exceptions the jurisdiction of the city of Albuquerque over the university of New Mexico campus is limited to the enforcement of state laws on the campus. 1969 Op. Att'y Gen. No. 69-48.
Crime ordinances not applicable except for traffic offenses. — Ordinances of the city of Albuquerque dealing with crimes do not apply to land under the control of the board of regents of the university of New Mexico except for traffic offenses as provided in Section 35-14-2 NMSA 1978. 1969 Op. Att'y Gen. No. 69-48.