N.M. Stat. » Chapter 4 — Counties
New Mexico Statutes

N.M. Stat. § 4-41-2 (2026)

[Duties.]

✓ laws through the 2025 session (retrieved May 2026)
Find cases: SyfertCases citing this section NM-LEGnmonesource.com JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

The sheriff shall be conservator of the peace within his county; shall suppress assaults and batteries, and apprehend and commit to jail, all felons and traitors, and cause all offenders to keep the peace and to appear at the next term of the court and answer such charges as may be preferred against them.

History: Kearny Code, Sheriffs, § 4; C.L. 1865, ch. 99, § 3; C.L. 1884, § 398; C.L. 1897, § 734; Code 1915, § 1260; C.S. 1929, § 33-4416; 1941 Comp., § 15-3802; 1953 Comp., § 15-40-2.

ANNOTATIONS

Cross references. — For enforcement of county ordinances, see 4-37-3 NMSA 1978.

For collection and disposition of fees by sheriffs of H class counties, see 4-44-15 NMSA 1978.

For maintenance of records as to confinement and release of prisoners, see 4-44-19 NMSA 1978.

For allowances and reimbursement of expenses for feeding prisoners, see 4-44-19, 4- 44-20 NMSA 1978.

For collection and disposition of fees, commissions, mileage and per diem, see 4-44-28, 4-44-29 NMSA 1978.

For enforcement of game laws, see 17-2-19 NMSA 1978.

For enforcement of trappers' and fur dealers' provisions, see 17-5-8 NMSA 1978. For carrying of weapons, see 30-7-2 NMSA 1978.

For penalty for resisting or obstructing officer, see 30-22-1 NMSA 1978.

For penalty for refusing to aid officer, see 30-22-2 NMSA 1978.

For penalty for permitting prisoner to escape, see 30-22-11 NMSA 1978.

For duties pertaining to forest fire laws, see 30-32-3 NMSA 1978.

For control of jails, see 33-3-1 NMSA 1978.

For collection of contributions under Unemployment Compensation Law, see 51-1-36 NMSA 1978.

For duties pertaining to the Detoxification Reform Act, see 43-2-1.1 NMSA 1978.

For arrest procedure for violations of motor vehicle laws, see 66-8-122 NMSA 1978 et seq.

For arrest of persons obstructing or causing injury to highways, see 67-7-11 NMSA 1978.

For execution of orders of livestock board, see 77-3-2 to 77-3-10 NMSA 1978.

For power of officers to stop vehicles transporting livestock or carcasses, see 77-9-46 NMSA 1978.

County sheriff is conservator of peace. — A sheriff and his deputies are conservators of the peace within their county. Anchondo v. Corrections Dep't, 1983- NMSC-051, 100 N.M. 108, 666 P.2d 1255.

Suppressing breaches of the peace. — The power and duty of a law enforcement officer to suppress breaches of the peace includes the right to take any reasonable steps to prevent such breaches from occurring when the officer has good reason to believe that a disturbance may occur. State v. Prince, 1999-NMCA-010, 126 N.M. 547, 972 P.2d 859.

Preventing breaches of the peace. — The power and duty to suppress breaches of the peace includes the right to take any reasonable steps to prevent such a breach from occurring when the officers have good reason to believe that a disturbance may take place. State v. Hilliard, 1988-NMCA-066, 107 N.M. 506, 760 P.2d 799, cert. denied, 107 N.M. 468, 760 P.2d 160 .

Duties as to maintenance of roads and extinguishment of fires. — Sheriffs are conservators of the peace, law enforcement officers and arms of the courts and have no duties pertaining to the maintenance of roads or the extinguishment of fires. Sanchez v. Board of County Comm'rs, 1970-NMCA-058, 81 N.M. 644, 471 P.2d 678, cert. denied, 81 N.M. 668, 472 P.2d 382.

Liability under 41-4-12 NMSA 1978. — The statutory obligations that officers cooperate with prosecutors and bring defendants before the courts are primarily designed to protect the public by ensuring that dangerous criminals are removed from society and brought to justice; accordingly, as with the duty to investigate crimes under 29-1-1 NMSA 1978, the duties of cooperating with prosecutors, diligently filing complaints, and bringing defendants before the courts inure to the benefit of private individuals, and the violation of these statutory duties may give rise to a cognizable claim under the Tort Claims Act, Chapter 41, Article 4 NMSA 1978. Weinstein v. City of Santa Fe ex rel. Santa Fe Police Dep't, 1996-NMSC-021, 121 N.M. 646, 916 P.2d 1313.

County sheriff is conservator of peace within his county. 1955 Op. Att'y Gen. No. 55- 6283.

County sheriff and state police have concurrent authority for enforcement of state laws independent of one another. 1943 Op. Att'y Gen. No. 43-4252.

Transportation of prisoners housed at a county jail or other detention facility is not the exclusive responsibility of the local sheriff's department; jail administrators and independent contractors may also transport inmates at their facilities. 2000 Op. Att'y Gen. No. 00-02.

Sheriffs do not have the sole responsibility for transporting arrested individuals to county jail. — Any person charged with a crime committed in the state, while awaiting indictment or trial on such charge is required to be incarcerated in the county jail of the county wherein such crime is alleged to have been committed, and this section explicitly designates the sheriff as being responsible for transporting detainees to court to answer such charges, but this section does not address the mechanics of transporting an individual to jail in the first place when that individual is arrested by another law enforcement agency; when a municipal officer acts to arrest someone, they are acting under their statutory authority as a municipal officer and the municipality is therefore responsible and liable for the arrestee until the arrestee is delivered to the actual custody of the county jail. A court may reasonably conclude that municipal officers have authority to transport individuals arrested to county custody. County Sheriff Prisoner Transport Responsibility upon Arrest of Individuals by Municipal Police (12/2/2022), Att'y Gen. Adv. Ltr. 2022-17.

Sheriffs do not have the sole responsibility for transporting arrested individuals to county jail. — Any person charged with a crime committed in the state, while awaiting indictment or trial on such charge is required to be incarcerated in the county jail of the county wherein such crime is alleged to have been committed, and this section explicitly designates the sheriff as being responsible for transporting detainees to court to answer such charges, but this section does not address the mechanics of transporting an individual to jail in the first place when that individual is arrested by another law enforcement agency; when a municipal officer acts to arrest someone, they are acting under their statutory authority as a municipal officer and the municipality is therefore responsible and liable for the arrestee until the arrestee is delivered to the actual custody of the county jail. A court may reasonably conclude that municipal officers have authority to transport individuals arrested to county custody. County Sheriff Prisoner Transport Responsibility upon Arrest of Individuals by Municipal Police (7/1/22), Att'y Gen. Adv. Ltr. 2022-04.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 Am. Jur. 2d Sheriffs, Police, and Constables §§ 46, 48, 49, 61.

Civil liability of sheriff or other officer charged with keeping jail or prison for death or injury of prisoner, 14 A.L.R.2d 353, 41 A.L.R.3d 1021.

Personal liability of sheriff, or his bond, for negligently causing personal injury or death, 60 A.L.R.2d 873.

Liability of prison authorities for injury to prisoner directly caused by assault by other prisoner, 41 A.L.R.3d 1021.

Sexual misconduct or irregularity as amounting to "conduct unbecoming an officer," justifying officer's demotion or removal or suspension from duty, 9 A.L.R.4th 614.

80 C.J.S. Sheriffs and Constables §§ 74 to 79.

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1985–2023 · leading case: State v. Gutierrez, 699 P.2d 1078 (N.M. Ct. App. 1985).
Sort: Relevance Newest Treatment
State v. Gutierrez, 699 P.2d 1078 (N.M. Ct. App. 1985). · cites it 4× “NMSA 1978, §§ 4-41-2 and -13 (Repl.Pamp.1984); NMSA 1978, § 29-1-2 (Repl.”
State v. Prince, 1999-NMCA-010, 972 P.2d 859. · cites it 2× “1988); see also NMSA 1978, § 4-41-2 (1865); NMSA 1978, § 29-1-1 (1979).”
Farris v. Moeckel, 664 F. Supp. 881 (D. Del. 1987). · cites it 2× “at 1300-01, a review of New Mexico law discloses that, under appropriate circumstances, both the McKinley County Sheriffs Department and the Board of Commissioners are endowed with policy-making authority.”
State v. Tabaha, 714 P.2d 1010 (N.M. Ct. App. 1986). · cites it 2× “1984) (sheriff shall be conservator of the peace, shall suppress assaults, shall apprehend and commit felons to jail, and shall cause offenders to keep the peace and appear in court); NMSA 1978, § 4-41-9 (Repl.”
State v. Tabaha, 714 P.2d 1010 (N.M. Ct. App. 1986). · cites it 2× “, NMSA 1978, § 4-41-2 (Repl.Pamp. 1984) (sheriff shall be conservator of the peace, shall suppress assaults, shall apprehend and commit felons to jail, and shall cause offenders to keep the peace and appear in court); NMSA 1978, § 4-41-9 (Repl.”
State v. Hilliard, 760 P.2d 799 (N.M. Ct. App. 1988). “The power and duty to suppress breaches of the peace includes the right to take any reasonable steps to prevent a breach of the peace from occurring when the officers have good reason to believe that a disturbance may take place.”
Bradshaw v. Mgmt. & Training Corp., No. 1:22-cv-00139, 2023 WL 5934397 (D.N.M. Sept. 12, 2023). · cites it 4× “Section 4-41-2 provides that “[t]he sheriff shall be conservator of the peace within his county; shall suppress assaults and batteries, and apprehend and commit to jail, all felons and traitors, and cause all offenders to keep the peace and to appear at the next term of the…”
Pastore v. Catron Cnty. Sheriff's Off., No. 2:20-cv-00913 (D.N.M. Nov. 17, 2021). · cites it 3× “§ 29-1-1 and N.M Stat. § 4-41-2. Doc. 49 at 10, ¶ 46. This occurred prior to the bulk of the assaults on Plaintiff and his property and does not clearly indicate Defendant Adair’s conduct as to all other individuals, but this does support Plaintiff’s argument that he was…”
State v. Maestas, No. 33,191 (N.M. Ct. App. Apr. 7, 2016). · cites it 2× “See 10 NMSA 1978, § 4-41-2 (Kearny Code, Sheriffs, § 4, 1846) (“The sheriff shall .”
Pruitt v. Guinn, No. A-1-CA-34618 (N.M. Ct. App. Jan. 24, 2019). · cites it 2× “1 First, he cites to NMSA 1978, Section 4-41-2 (Kearny Code, Sheriffs, § 4, 9 (1915, amended 2018), which provides that officers shall “apprehend and commit 10 to jail, all felons and traitors, and cause all offenders to keep the peace and to 11 appear at the next term of the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.