Opinion No. 50-5276
January 18, 1950
TO: Mary L. Snyder, Secretary Catron County Advisory Board Reserve, New Mexico
{*123} I am in receipt of your recent letter requesting an opinion regarding the authority of who is authorized to arrest traffic violators.
Section 68-905 of New Mexico Statutes Annotated, 1941 Compilation, Sub-Section (b) states:
"Arresting officer must be in uniform. No one shall be arrested upon a charge of violating any provision of this act punishable as a misdemeanor, except by an officer, who at the time of making such arrest, is wearing a uniform which clearly indicates his official status."
The above statute is a clear mandate that only uniformed officers of the law can make arrest for traffic violations.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.