Refusing to aid an officer consists of refusing to assist any peace officer in the preservation of the peace when called upon by such officer in the name of the United States or the state of New Mexico.
Whoever commits refusing to aid an officer is guilty of a petty misdemeanor.
History: 1953 Comp., § 40A-22-2, enacted by Laws 1963, ch. 303, § 22-2.
ANNOTATIONSCross references. — For provisions authorizing officer to call on others for aid in execution of process, and setting penalty for refusal to provide such aid when called upon, see 29-1-7, 29-1-8 NMSA 1978.
Refusing assistance to sheriff. — A sheriff or his legally constituted deputy could call on any citizen or citizens to assist him in the execution of his office, and any person who refused such assistance without sufficient excuse was subject to penalty. Territory v. Taylor, 1903-NMSC-003, 11 N.M. 588, 71 P. 489.
Grounds for summoning posse. — The grounds for summoning the posse comitatus were found in the common law and statutes which were largely declaratory thereof and the court did not have authority to invest the sheriff with further grounds. Eaton v. Bernalillo Cnty., 1942-NMSC-040, 46 N.M. 318, 128 P.2d 738.