N.M. Stat. § 29-20-4 (2026)

A. The chief law enforcement officer of every state, county and municipal law
enforcement agency shall establish and enforce a written policy governing the conduct
of law enforcement officers employed by the agency who are involved in high speed
pursuits. A copy of the written policy shall be submitted to the director of the New
Mexico law enforcement academy and the traffic safety bureau of the state highway and
transportation department.

   B. The policy shall specify, at a minimum:

       (1)  the conditions under which a law enforcement officer may engage in a
high speed pursuit and the conditions when the officer shall terminate a high speed
pursuit;
       (2)  measures other than a high speed pursuit that may be employed to
apprehend a suspect in a fleeing motor vehicle or to impede the movement of the
vehicle;

       (3)    the coordination and responsibility, including control over the high speed
pursuit, of supervisory personnel and the law enforcement officers engaged in the
pursuit; and

       (4)    the procedures to be followed to notify and coordinate high speed pursuits
with law enforcement agencies in other jurisdictions, including tribal jurisdictions.

    C. The written policy shall, at a minimum, require that:

       (1)    a law enforcement officer may initiate a high speed pursuit to apprehend a
suspect who the officer has reasonable grounds to believe poses a clear and immediate
threat of death or serious injury to others or who the officer has probable cause to
believe poses a clear and immediate threat to the safety of others that is ongoing and
that existed prior to the high speed pursuit;

       (2)   a law enforcement officer shall not initiate or continue a high speed pursuit
when the immediate danger to the officer and the public created by the high speed
pursuit exceeds the immediate danger to the public if the occupants of the motor vehicle
being pursued remain at large;

       (3)    when deciding whether to initiate or continue a high speed pursuit, the
following factors, at a minimum, shall be taken into consideration:

             (a) the seriousness of the offense for which the high speed pursuit was
initiated;

            (b) whether a suspect poses a clear and immediate threat of death or serious
injury to others;

             (c) road, weather, environmental and vehicle conditions;

             (d) the amount of motor vehicle and pedestrian traffic; and

            (e) knowledge of the suspect's identity, possible destination and previous
activities that may make apprehension at a later time feasible; and

        (4)   no more than two law enforcement vehicles shall become actively involved
in a high speed pursuit, unless specifically authorized by a supervisor.

History: Laws 2003, ch. 260, § 4.

                                       ANNOTATIONS
Effective dates. — Laws 2003, ch. 260, § 6 made Laws 2003, ch. 260, § 4 effective
July 1, 2003.