N.M. Stat. § 29-1-11 (2026)

certain federal officers to act as New Mexico peace officers;
authority and procedure for commissioned peace officers.
   A. All persons who are duly commissioned officers of the police or sheriff's
department of any New Mexico Indian nation, tribe or pueblo or who are law
enforcement officers employed by the bureau of Indian affairs and are assigned in New
Mexico are, when commissioned under Subsection B of this section, recognized and
authorized to act as New Mexico peace officers. These officers have all the powers of
New Mexico peace officers to enforce state laws in New Mexico, including the power to
make arrests for violation of state laws.

    B. The chief of the New Mexico state police is granted authority to issue
commissions as New Mexico peace officers to members of the police or sheriff's
department of any New Mexico Indian nation, tribe or pueblo or a law enforcement
officer employed by the bureau of Indian affairs to implement the provisions of this
section. The procedures to be followed in the issuance and revocation of commissions
and the respective rights and responsibilities of the departments shall be set forth in a
written agreement to be executed between the chief of the New Mexico state police and
the Indian nation, tribe or pueblo or the appropriate federal official.
    C. The agreement referred to in Subsection B of this section shall contain the
following conditions:

      (1)    the Indian nation, tribe or pueblo, but not the bureau of Indian affairs, shall
submit proof of adequate public liability and property damage insurance for vehicles
operated by the peace officers and police professional liability insurance from a
company licensed to sell insurance in the state;

      (2)     each applicant for a commission shall successfully complete four hundred
hours of basic police training that is approved by the director of the New Mexico law
enforcement academy;

       (3)     the chief of the New Mexico state police shall have the authority to
suspend any commission granted pursuant to Subsection B of this section for reasons
solely within the chief's discretion;

       (4)     if any provision of the agreement is violated by the Indian nation, tribe or
pueblo or any of its agents, the chief of the New Mexico state police shall suspend the
agreement on five days' notice, which suspension shall last until the chief is satisfied
that the violation has been corrected and will not recur;

       (5)     the goldenrod-colored officer's second copy of any citation issued
pursuant to a commission authorized by this section shall be submitted within five days
to the chief of the New Mexico state police;

        (6)   any citation issued pursuant to a commission authorized by this section
shall be to a magistrate court of New Mexico; except that any citations issued to Indians
within the exterior boundaries of an Indian reservation shall be cited into tribal court;

       (7)    the agreement or any commission issued pursuant to it shall not confer
any authority on a tribal court or other tribal authority that the court or authority would
not otherwise have;

       (8)    the authority conferred by any agreement entered into pursuant to the
provisions of this section shall be coextensive with the exterior boundaries of the
reservation; except that an officer commissioned under this section may proceed in hot
pursuit of an offender beyond the exterior boundaries of the reservation, and the
authority conferred in any written agreement between the chief of the New Mexico state
police and the Navajo Nation may extend beyond the exterior boundaries of the Navajo
reservation to and including the area enclosed by the following description:

   Beginning at a point where the southern boundary line of the Navajo Nation
reservation intersects the western right-of-way line of US 491, and running thence;
southerly along the western right-of-way line of US 491 to the northerly city limits of
Gallup; thence, easterly along the northerly city limits of Gallup to the northern side of
the right of way of I-40; thence, in an easterly direction along the northerly side of the
right of way of I-40 to the northerly limits of the village of Prewitt; thence, in a straight
line between the northerly boundary of the village of Prewitt to the southerly boundary of
Ambrosia Lake; thence in a straight line between the southerly boundary of Ambrosia
Lake to the southerly boundary of Hospah; thence, east along a straight line from the
southerly boundary of Hospah to the southern boundary of Torreon; thence along the
easterly side of the right of way of state road 197 to the westerly city limits of Cuba;
thence, north along the westerly side of the right of way of state road 44 to the southerly
boundary of the Jicarilla Apache Nation reservation; thence, westerly along the
southerly boundary of the Jicarilla Apache Nation reservation to the southwest corner of
that reservation; thence, northerly along the westerly boundary of the Jicarilla Apache
Indian reservation to a point where the westerly boundary of the reservation intersects
the southerly side of the right of way of state road 44; thence, northerly along the
southerly side of the right of way of state road 44 to its intersection with the northerly
side of the right of way of Navajo road 3003; thence, along the northerly side of the right
of way of Navajo road 3003 to a point where the northerly side of the right of way of
Navajo road 3003 intersects the westerly side of the right-of-way line of state road 371;
thence, northerly along the west side of the right of way of state road 371 to the
southerly side of the right of way of Navajo road 36; thence, westerly along the
southerly side of the right of way of Navajo road 36 to the eastern border of the Navajo
Nation reservation; thence, along the eastern and southerly borders of the Navajo
Nation reservation to the point of beginning.

   The municipalities of Cuba and Gallup and the villages of Thoreau and Prewitt are
excluded from the grant of authority that may be conferred in any written agreement
entered into pursuant to provisions of this section; provided, however, any written
agreement may include under such grant of authority the communities of Ambrosia
Lake, Hospah, Torreon, Lybrook, Nageezi, Counselors and Blanco Trading Post and
those communities commonly known as the Wingate community; the Navajo Nation
Blue Water ranch area of the Thoreau community; the Prewitt community, exclusive of
the village of Prewitt; the Haystack community; the Desidero community; the Sand
Springs community; the Rincon Marquis community; the Charley Jesus Arviso and the
Castillo community; and state road 264 beginning at the point where it intersects US
491 and ending where state road 264 intersects the Arizona-New Mexico state line; and

        (9)     the chief of the New Mexico state police or the chief's designee and the
Indian nation, tribe or pueblo or the appropriate federal official shall be required to meet
at least quarterly or more frequently at the call of the chief of the New Mexico state
police to discuss the status of the agreement and invite other law enforcement or other
officials to attend as necessary.

   D. Nothing in this section impairs or affects the existing status and sovereignty of an
Indian nation, tribe or pueblo as established under the laws of the United States.

   E. All persons who are duly commissioned federal law enforcement officers
employed by the federal bureau of investigation; drug enforcement administration;
bureau of alcohol, tobacco and firearms; United States secret service; United States
customs service; immigration and naturalization service; United States marshals
service; postal inspection service; United States probation department; and United
States pretrial services agency; and other appropriate federal officers whose primary
duty is law enforcement related, who are assigned in New Mexico and who are required
to be designated by the county sheriff on a case-by-case basis in the county in which
they are working, are recognized and authorized to act as New Mexico peace officers
and have all the powers of New Mexico peace officers to enforce state laws in New
Mexico, including the power to make arrests for violation of state laws. The department
of public safety shall maintain a registry that lists the name and affiliated federal agency
of every federal law enforcement officer recognized and authorized to act as a New
Mexico peace officer pursuant to the provisions of this subsection. This subsection shall
not be construed to impose liability upon or to require indemnification by the state for
any act performed by a federal law enforcement officer pursuant to this subsection.

    F. The provisions of Subsection E of this section regarding designation of federal
law enforcement officers by a county sheriff do not apply to federal law enforcement
officers who are duly commissioned officers of a police or sheriff's department for an
Indian nation, tribe or pueblo in New Mexico or who are federal law enforcement officers
employed by the bureau of Indian affairs.

   G. Nothing in this section limits, impairs or nullifies the authority of county sheriffs to
appoint pursuant to Chapter 4, Article 41 NMSA 1978 duly commissioned state or
federally certified officers who are employees of a police or sheriff's department of an
Indian nation, tribe or pueblo in New Mexico or who are federal law enforcement officers
employed by the bureau of Indian affairs as deputy sheriffs authorized to enforce New
Mexico criminal and traffic law.

History: 1953 Comp., § 39-1-12, enacted by Laws 1972, ch. 8, § 1; 1979, ch. 39, § 1;
1981, ch. 120, § 1; 1983, ch. 275, § 1; 1988, ch. 14, § 3; 1993, ch. 179, § 1; 1995, ch.
186, § 1; 1997, ch. 260, § 1; 2002, ch. 92, § 1; 2005, ch. 290, § 1.

                                      ANNOTATIONS

The 2005 amendment, effective June 17, 2005, added Subsection G to provide that
nothing in this section limits, impairs or nullifies the authority of county sheriffs to
appoint duly commissioned state or federally certified officers who are employees of a
police or sheriff’s department of an Indian nation, tribe or pueblo in New Mexico or who
are federal law enforcement officers employed by the bureau of Indian affairs as deputy
sheriffs authorized to enforce New Mexico criminal and traffic law.

The 2002 amendment, effective May 15, 2002, deleted "payment" following "authority"
in the section heading; and deleted Paragraph C(10), which provided for payment from
the law enforcement protection fund to tribes or pueblos for each commissioned peace
officer in the tribe or pueblo.
The 1997 amendment, effective July 1, 1997, in Subsection E, in the first sentence,
inserted "United States probation department; United States pretrial services agency;",
deleted "as designated by the chief of the New Mexico state police upon a
recommendation by a county sheriff" preceding "who are assigned", and inserted "and
who are required to be designated by the county sheriff on a case-by-case basis in the
county in which they are working", added the second sentence; and added Subsection
F.

The 1995 amendment, effective June 16, 1995, substituted "pursuant to provisions of"
for "under" near the end of Paragraph (8) in Subsection C, and in Subsection E deleted
"and" preceding "postal" and substituted "whose primary duty is law enforcement
related, as designated by the chief of the New Mexico state police upon a
recommendation by a county sheriff" for "as designated by the chief of the New Mexico
state police".

The 1993 amendment, effective June 18, 1993, inserted "payment" and substituted
"commissioned peace officers" for "commissioning" in the section heading; added
Paragraph (10) of Subsection C; and made minor stylistic changes in Paragraphs (2),
(4), (8), and (9) of Subsection C and in Subsection E.

Tribal officer was properly cross-commissioned. — Where defendant, who was a
non-Indian, was arrested by a Pueblo police officer on property of the Pueblo and
charged in a county magistrate court with aggravated DWI; the officer was cross-
commissioned as a county special deputy sheriff by the county sheriff’s office; the
officer signed an oath of office that was also signed by the county sheriff and carried a
card issued by the county sheriff’s office indicating the officer’s cross-commissioning
status; the officer was wearing the Pueblo police department uniform at the time of the
arrest; the officer was a commissioned, full-time Pueblo tribal officer; and the officer’s
salary was paid by the Pueblo police department and included incremental pay financed
from a grant from the bureau of Indian affairs to assist the Pueblo police department in
targeting the motoring public, the officer was properly cross-commissioned and could
properly arrest defendant while wearing the uniform of and receiving a salary from the
Pueblo police department. State v. Sanchez, 2014-NMCA-095.

Off-reservations crimes. — State officers have the authority to enter Indian country to
investigate off-reservation crimes committed in their presence by Indians, so long as the
investigation does not infringe on tribal sovereignty by circumventing or contravening a
governing tribal procedure. A traffic stop which included the administration of field
sobriety tests, did not circumvent or contravene the Navajo Nation Code and, therefore,
did not infringe on the sovereignty of the Navajo Nation. State v. Harrison, 2010-NMSC-
038, 148 N.M. 500, 238 P.3d 869, aff'g 2008-NMCA-107, 144 N.M. 651, 190 P.3d 1146.

Authority of non-cross-commissioned officer. — A state police officer, who is not
cross-commissioned with the bureau of Indian affairs or the tribe, may pursue an Indian
onto the reservation, across jurisdictional lines, for a minor traffic offense committed
outside the reservation and after determining that the officer lacks jurisdiction, the officer
may continue to detain the Indian and collect evidence for use against him. State v.
Harrison, 2008-NMCA-107, 144 N.M. 651, 190 P.3d 1146, aff'd, 2010-NMSC-038, 148
N.M. 500, 238 P.3d 869.

Inconsistency between written agreements. — It is inconsistent for the legislature to
require a written agreement for the issuance of a cross commission under this section
between state law enforcement and Indian tribal police officers and not require a written
agreement for mutual aid agreements under Section 29-8-3 NMSA 1978. State v.
Branham, 2004-NMCA-131, 136 N.M. 579, 102 P.3d 646.

Authority of cross-commissioned officer. — Traffic stop and detention and arrest are
not illegal where Navajo tribal officer acted as a New Mexico peace officer with authority
to enforce the Motor Vehicle Code on non-Indian land in the city of Gallup. State v.
Martinez, 2005-NMCA-052, 137 N.M. 432, 112 P.3d 293, cert. denied, 2005-NMCERT-
005, 137 N.M. 522, 113 P.3d 345.

Because Navajo tribal officer claims to have been deputized by the McKinley County
sheriff, Subsection C(8) of Section 29-1-11 NMSA 1978 does not defeat his claimed
authority to act as a cross-commissioned county deputy. State v. Martinez, 2005-
NMCA-052, 137 N.M. 432, 112 P.3d 293, cert. denied, 2005-NMCERT-005, 137 N.M.
522, 113 P.3d 345.

Authority of non-cross-commissioned officers. — A non-cross-commissioned
federal police officer has the lawful authority not only to stop a motor vehicle within an
Indian reservation, but also to issue the driver a federal traffic citation based on state
law. Ryder v. State, 1982-NMSC-066, 98 N.M. 316, 648 P.2d 774.

A non-cross-commissioned bureau of Indian affairs officer is empowered to stop a
vehicle within the borders of an Indian reservation for a traffic law offense and, upon
determining that the offender is a non-Indian, to request him to wait until a cross-
commissioned BIA officer arrives. State v. Ryder, 1981-NMCA-017, 98 N.M. 453, 649
P.2d 756, aff'd, 1982-NMSC-066, 98 N.M. 316, 648 P.2d 774.

Authority of tribal police officer over non-Indian. — A tribal police officer has the
authority to stop and issue a tribal citation, and arrest a non-Indian, so long as the
Indian authorities promptly deliver up the non-Indian offender, rather than try and punish
him themselves. State v. Ryder, 1981-NMCA-017, 98 N.M. 453, 649 P.2d 756, aff'd,
1982-NMSC-066, 98 N.M. 316, 648 P.2d 774.

Where state police officer initially stopped defendant for speeding on Mescalero
reservation, because the officer did not have authority to enforce Mescalero tribal traffic
ordinances, defendant's motion to suppress evidence was properly granted. State v.
Branham, 2004-NMCA-131, 136 N.M. 579, 102 P.3d 646.

Citations issued to non-Indians. — Traffic citations lawfully issued by a
commissioned bureau of Indian affairs officer to a non-Indian cannot legally be referred
to a tribal court, but should be referred to state magistrate court. 1992 Op. Att'y Gen.
No. 92-07.

Law reviews. — For annual survey of New Mexico law relating to criminal procedure,
see 12 N.M.L. Rev. 271 (1982).