Information we feel is important, all information below comes directly form case law that holds power over New Mexico.

We want to list all the statues that we believe are important for New Mexico related to security, law enforcement, ect so you can find them all in one place. All of our courses are designed around state statue so you don’t go outside of it. This is not all case law, we will add more as time goes on and once we understand the case law and its implications.

Security

Here’s a concise synopsis of State v. Santiago (2009-NMSC-045, 147 N.M. 76, 217 P.3d 89) — a key New Mexico Supreme Court decision about private Security Guard Legal Authority in New Mexico

Understanding What Security Officers Can and Cannot Do

New Mexico security guards operate under a clearly defined set of legal limits established by New Mexico statutes and New Mexico Supreme Court and Court of Appeals decisions. They are not police officers, and their authority comes from a combination of licensing laws, case law, and traditional citizen’s arrest rules.

Below is a clear, organized summary—written for clients and the public—that includes the relevant case law supporting each point.

✔ What Security Guards ARE Allowed to Do (With Case Law)

1. Protect People and Property

Security guards are hired to protect persons and property and prevent theft or loss on the property they’re assigned to.

This authority comes from the Private Investigations Act, which the courts rely on when evaluating guard conduct.
State v. Santiago (2009) explains that guards are hired to protect property and prevent loss, not to act as police officers.

2. Conduct Limited On-Property Investigations

Under the Private Investigations Act, guards “may not investigate acts except those incidental to a theft, loss, or misappropriation of property” they protect.

State v. Santiago (2009) reaffirmed this, emphasizing that private security cannot conduct broad criminal investigations but may investigate events tied directly to protecting the client’s property.

3. Perform a Legal Citizen’s Arrest (Narrow Circumstances Only)

New Mexico law allows guards—as private citizens—to detain a person only when:

They have a good-faith, objectively reasonable belief that a felony has been committed, or
A breach of the peace is occurring in their presence
AND only reasonable force is used

This standard comes directly from:

State v. Johnson (1996) — Defines New Mexico’s citizen’s arrest rules
State v. Santiago (2009) — Applies the Johnson standard to private security guards

These cases clarify that guards do NOT have expanded arrest powers; they operate under the same rules as any private citizen.

4. Detain Suspected Shoplifters (When on Retail Posts)

When working for retail stores, guards may detain suspected shoplifters under New Mexico’s Shopkeeper’s Privilege (NMSA § 30-16-23).

This allows detention when:

There is probable cause the person concealed or took merchandise
Detention is done in a reasonable manner
Detention lasts a reasonable amount of time

The New Mexico Court of Appeals clarified the rule in:

Holguin v. Sally Beauty Supply (2011) — Merchants and their agents have a conditional privilege to detain suspected shoplifters if probable cause and reasonableness are present

Retail guards rely heavily on this standard.

5. Use Reasonable Force When Necessary

Guards may use force:

In self-defense
In defense of others
To protect property
During a lawful detention

Both State v. Johnson (1996) and State v. Santiago (2009) make clear that force is only lawful when it is reasonable, necessary, and proportional. Anything beyond that is unprotected and can lead to civil or criminal liability.

✘ What Security Guards Are NOT Allowed to Do in New Mexico (With Case Law)

1. Security Guards Do NOT Have Police Powers

New Mexico courts repeatedly state that guards do NOT have police authority unless they are actual sworn officers.

State v. Santiago (2009) — The Legislature has not delegated police powers to private security guards
Guards are treated as private citizens unless working under direction of law enforcement (rare)

This means guards cannot:

Perform general criminal investigations
Conduct warrant-style searches
Arrest for non-felony violations except breach of peace situations
Enforce laws like police

2. No Arrest Power Beyond Citizen’s Arrest

Guards cannot arrest for:

Most misdemeanors
Minor disturbances
Trespassing unless it rises to a breach of peace or felony

This is the explicit result of:

State v. Johnson (1996)
State v. Santiago (2009)
Both cases confirm that a guard’s arrest authority is identical to a private citizen’s.

3. No Excessive or Punitive Force

If force exceeds what is reasonable:

It loses legal protection
It may result in civil lawsuits or criminal charges

State v. Johnson (1996) clearly states that excessive force during a citizen’s arrest is not privileged.

4. No Broad Criminal Investigation Authority

Guards cannot:

Interrogate individuals like law enforcement
Investigate crimes not related to the property
Follow suspects off property
Conduct surveillance unrelated to property protection

This limit comes from:

Private Investigations Act restrictions
State v. Santiago (2009) stating guards cannot “investigate acts” except those tied to property protection

5. Guards Must Be Licensed

New Mexico law makes it illegal to:

Act as a security guard without registration
Work for a security company that is not licensed
Provide bodyguard/protection services without proper licensing

These restrictions come from the Private Investigations Act (NMSA 61-27B), which the courts rely on when analyzing guard conduct.

6. Off-Duty Police Working Security May Trigger Constitutional Liability

Courts have held that off-duty officers working security may still be acting as state actors, which triggers full Fourth Amendment rules.

Cases that support this:

State v. Murillo (1991)
Narney v. Daniels (1992)

This means companies using off-duty law enforcement must be aware that:

Their actions may be judged under police standards
Evidence they gather could be suppressed
Liability exposure increases significantly

Why Understanding This Matters

Including relevant case law in training ensures:

Guards work within New Mexico’s legal boundaries
Clients are protected from unnecessary liability
Force, detention, and arrest decisions are legally defensible
Public encounters remain safe and professional

LAW ENFORCEMENT

Understanding What New Mexico Police Officers Are Legally Allowed to Do

New Mexico law enforcement officers operate under legal authority granted by the New Mexico Legislature, the U.S. Constitution, the New Mexico Constitution, and decades of New Mexico Supreme Court and Court of Appeals decisions. These laws define exactly what officers can and cannot do while performing their duties.

Below is a clear, public-friendly summary of law enforcement authority—with major case law included where relevant.

✔ What Law Enforcement Officers ARE Allowed to Do (With Case Law)

1. Conduct Investigations Into Criminal Activity

Police in New Mexico have full statutory authority to:

Investigate crimes
Conduct interviews
Stop individuals based on reasonable suspicion
Collect evidence
Refer cases for prosecution

This authority is constitutionally grounded and supported by cases such as:

State v. Jason L. (2000) – Defines lawful investigative detention (Terry stops)
State v. Ochoa (2009) – Affirms officers may briefly stop a person when reasonable suspicion exists

2. Make Warrantless Arrests Under Statutory Authority

Police officers can arrest without a warrant when:

A felony occurs in their presence
They have probable cause to believe a felony was committed
Certain misdemeanors occur in their presence

Key cases:

State v. Johnson (1996) – Discusses probable cause and arrest standards
State v. Gutierrez (2007) – Clarifies the difference between reasonable suspicion and probable cause

Statutory authority:

NMSA 1978, § 31-1-7 — Arrests without a warrant
NMSA 1978, § 30-16 series — Crimes allowing immediate arrest (burglary, robbery, etc.)

3. Conduct Traffic Stops and Enforcement Duties

Officers may stop a vehicle when they have reasonable suspicion that:

A traffic violation occurred, or
Criminal activity is occurring

Major case:

State v. Duran (2010) – Validates traffic stops based on observed violations
State v. Hubble (2009) – Officers may require identification during lawful stops
State v. Hicks (2013) – Officers may expand a stop only if new reasonable suspicion develops

4. Search Individuals or Property Under Constitutional Standards

Officers may conduct searches when:

A warrant is issued
Consent is given
Exigent circumstances exist
They perform a search incident to arrest
They perform a lawful pat-down for weapons (Terry frisk)

Key New Mexico cases:

State v. Gomez (1997) – NM Constitution can give greater protections than the U.S. Constitution
State v. Leyva (2011) – Defines the “fruit of the poisonous tree” doctrine in New Mexico
State v. Ochoa (2009) – Limits warrantless vehicle searches

5. Use Force When Necessary and Reasonable

Officers may use force to:

Defend themselves
Defend others
Overcome resistance
Make lawful arrests

However, the force must be necessary and proportionate.

Case law guidance:

State v. Mantelli (2002) – Excessive force may invalidate arrests or lead to liability
State v. Kraul (1986) – Deadly force must be objectively reasonable under the circumstances

Civil standard:

The New Mexico Civil Rights Act (2021) adds liability for rights violations
Federal standard under Graham v. Connor applies but New Mexico courts may apply stricter protections

6. Conduct Investigative Detentions (Terry Stops)

Officers may briefly detain individuals without arrest when they have reasonable suspicion.

New Mexico cases:

State v. Jason L. (2000) – Defines the limits of detention length
State v. Flores (1996) – Officers may ask limited questions related to the suspicion
State v. Vandenberg (2003) – Officers must justify extending the detention

7. Request Identification and Run Warrants

During lawful stops, officers may:

Ask for identification
Run warrant checks
Ensure officer safety

Cases:

State v. Hubble (2009) – Officers may require ID during lawful detention
Hiibel v. Sixth Judicial District Court (U.S. Supreme Court) – Supports New Mexico’s ID requirements

✘ What Law Enforcement Officers Are NOT Allowed to Do in New Mexico (With Case Law)

1. Officers Cannot Stop or Detain People Without Reasonable Suspicion

Illegal stops violate both the U.S. Constitution and Article II, Section 10 of the New Mexico Constitution.

Key cases:

State v. Ochoa (2009) – Limits prolonged stops without new suspicion
State v. Duran (2010) – Stops require specific, articulable facts
State v. Portillo (2021) – Nervousness alone is not enough for detention

2. Officers Cannot Conduct Warrantless Searches Without a Valid Exception

New Mexico courts often give greater protection than federal courts.

Cases limiting warrantless searches:

State v. Gomez (1997) – NM Constitution sometimes provides greater privacy rights
State v. Leyva (2011) – Suppresses evidence obtained after unlawful searches
State v. Rowell (2008) – Limits scope of consent searches

3. Officers Cannot Use Excessive Force

Force beyond what is objectively reasonable violates civil and constitutional rights.

Relevant cases:

State v. Mantelli (2002) – Force must be reasonable or the arrest can be invalid
Kraul (1986) – Deadly force is only justified when facing significant threat

Civil liability comes from:

New Mexico Civil Rights Act, 2021
42 U.S.C. § 1983 (federal civil rights claims)

4. Officers Cannot Prolong Traffic Stops Without New Suspicion

Once the purpose of the stop is fulfilled, the officer must release the driver unless:

New reasonable suspicion develops
A lawful arrest is made

Cases:

State v. Ochoa (2009)
State v. Alderete (2011)

5. Officers Cannot Coerce Consent for Searches

Consent must be:

Freely given
Not the result of intimidation or claims of authority
Clear and voluntary

Case law:

State v. Davis (2013) – Coerced consent is invalid
State v. Rowell (2008) – Burden is on the State to prove consent was voluntary

6. Officers Cannot Use Citizen’s Arrest Standards

Unlike private security, law enforcement arrests are based on probable cause, not citizen’s arrest rules.
However, officers still cannot arrest without meeting the constitutional threshold.

Why This Matters

Understanding police authority clarifies:

What officers can lawfully do
How investigations and detentions work
When police actions exceed legal limits
Citizens’ rights and officer responsibilities

New Mexico courts hold officers to high constitutional standards, often exceeding federal requirements. This ensures that public safety is upheld while protecting the rights and liberties of the community.