A. A peace officer or public service officer may, if the officer reasonably believes it necessary for the officer's own safety, make a protective search of an intoxicated person before transporting the person to a residence, treatment facility or detention center.
B. A peace officer or public service officer shall not be held civilly liable for assault, false imprisonment or other alleged torts or crimes on account of reasonable measures taken under the authority of the Detoxification Reform Act, if such measures were, in fact, reasonable and did not involve use of excessive or unnecessary force.
History: 1953 Comp., § 46-14-4, enacted by Laws 1973, ch. 331, § 4; 2005, ch. 198, § 7.
ANNOTATIONSThe 2005 amendment, effective July 1, 2005, created Subsections A and B; changed "health care facility" to "treatment facility" in Subsection A and deleted the former provision that a peace officer or public service officer were not criminally liable for assault, false imprisonment or other alleged torts or crimes on account of reasonable measures taken under the Detoxification Reform Act.
Search of intoxicated person threatening suicide justified. — Since the defendant smelled of alcohol, appeared intoxicated, and was threatening suicide, a police officer could have reasonably concluded his safety justified a patdown search of the defendant before taking him into protective custody. State v. Blakely, 1993-NMCA-053, 115 N.M. 466, 853 P.2d 168, cert. denied, 115 N.M. 535, 854 P.2d 362.
Inventory searches of persons detained are not prohibited by the Detoxification Act. State v. Johnson, 1996-NMCA-117, 122 N.M. 713, 930 P.2d 1165, cert. denied, 122 N.M. 578, 929 P.2d 269.