Attorney General Opinions and Advisory Letters

Decision Information

Opinion No. 14-1304

Collection Attorney General Opinions and Advisory Letters
Date 08/31/1914
File Number 1914 Op. Att'y Gen. No. 14-1304

Decision Content

Opinion No. 14-1304

August 31, 1914

BY: H. S. CLANCY, Assistant Attorney General

TO: Mr. W. F. Wall, Nara Visa, New Mexico.

ARRESTS.

Authority of constables and justices of the peace to make arrests.

OPINION

{*159} I am in receipt of your letter of the 27th inst. in which you inquire whether it is the duty of the constable or justice of the peace {*160} to make an arrest on account of drunkenness or fighting which may occur on the street.

Constables and justices of the peace are conservators of the peace and at common law have the right to arrest without warrant, all persons who are guilty of a breach of the peace or other violation of the criminal laws in their presence. It would thus seem that it becomes the duty of a justice of the peace or a constable to arrest all persons who may be guilty of a violation of the laws, without warrant, when such violation occurs in the presence of the officer.

 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.