If an arrest is made in this state by an officer of another state in accordance with the provisions of Section 1 [31-2-1 NMSA 1978] of this act he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state. If the magistrate determines that the arrest was unlawful he shall discharge the person arrested.
History: Laws 1937, ch. 12, § 2; 1941 Comp., § 42-202; 1953 Comp., § 41-2-2.
ANNOTATIONSCross references. — For extradition, see 31-4-1 NMSA 1978 et seq.