N.M. Stat. » N.M. Stat. / Chapter 29 / Article 8
New Mexico Statutes

N.M. Stat. § 29-8-3 (2026)

Mutual aid agreements.

✓ current as of May 2026
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Any state, county or municipal agency having and maintaining peace officers may
enter into mutual aid agreements with any public agency as defined in the Mutual Aid
Act, with respect to law enforcement, provided any such agreement shall be approved
by the agency involved and the governor.

History: 1953 Comp., § 39-7-3, enacted by Laws 1971, ch. 153, § 3.

                                    ANNOTATIONS

Applicability to gaming compacts with Indian tribes. — The Mutual Aid Act does not
in any way pertain to gaming compacts and thus provides no statutory basis for the
governor to enter into compacts and revenue-sharing agreements with Indian tribes
which would permit gaming on Indian lands pursuant to the federal Indian gaming laws.
State ex rel. Clark v. Johnson, 1995-NMSC-048, 120 N.M. 562, 904 P.2d 11.

By adding the limiting language that mutual aid agreements must be approved by
both the agency involved and the governor of the state of New Mexico, the
legislature contemplated a written agreement. State v. Branham, 2004-NMCA-131, 136
N.M. 579, 102 P.3d 646.

Inconsistency between written agreements. — It is inconsistent for the legislature to
require a written agreement for the issuance of a cross commission under Section 29-1-
11 NMSA 1978 between state law enforcement and Indian tribal police officers and not
require a written agreement for mutual aid agreements under this section. State v.
Branham, 2004-NMCA-131, 136 N.M. 579, 102 P.3d 646.

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.

Deputization of city or county officials by state agency. — The environmental
improvement division (EID) (now Air Quality Bureau of Environment Department) may
seek assistance from city and county law enforcement agencies to enforce asbestos
disposal regulations pursuant to the Mutual Aid Act, Sections 29-8-1 to 29-8-3 NMSA
1978, but it cannot deputize city or county law enforcement officials to act as EID agents
to enforce the division's asbestos disposal regulations. 1987 Op. Att'y Gen. No. 87-48.
Notes of Decisions
Cited in 6 cases, 1992–2015 · leading case: State v. Branham, 102 P.3d 646 (N.M. Ct. App. 2004).
Sort: Relevance Newest Treatment
State v. Branham, 102 P.3d 646 (N.M. Ct. App. 2004). · cites it 6× “NMSA 1978, § 29-8-3 (1971) (Mutual aid agreements).”
Allender v. Scott, 379 F. Supp. 2d 1206 (D.N.M. 2005). · cites it 2× “3d 646 , 2004 WL 2892075 (2004), where the New Mexico Court of Appeals granted a motion to suppress because a state police officer had enforced Mescalero tribal law without a written Mutual Aid Agreement pursuant to NMSA § 29-8-3. The Branham court found that the officer was not…”
State Ex Rel. Clark v. Johnson, 904 P.2d 11 (N.M. 1995). “Likewise, the Mutual Aid Act, NMSA 1978, §§ 29-8-1 to -3 (Repl. Pamp.1994), does not provide authority for the compacts and revenue-sharing agreements.”
Loya v. Gutierrez, 2015 NMSC 017 (N.M. 2015). · cites it 3× “” Section 29-8-3. Other “public agenc[ies]” 6 include “an Indian tribal council, Indian pueblo council and the state or any county 7 or municipality thereof.”
State v. Pinela, 830 P.2d 179 (N.M. Ct. App. 1992). · cites it 2× “NMSA 1978, Section 29-8-3 (Repl.Pamp.1990), for example, even allows the state Environmental Improvement Division to seek assistance from city and county enforcement agencies to enforce asbestos disposal regulations.”
Loya v. Gutierrez, 2015 NMSC 17 (N.M. 2015). · cites it 3× “The Mutual Aid Act, NMSA 1978, §§ 29-8-1 to -3 (1971), authorizes “[a]ny state, county or municipal agency having and maintaining peace officers [to] enter into mutual aid agreements with any public agency as defined in the Mutual Aid Act, with respect to law enforcement.”
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