These facts are to be judged by an objective standard — would the facts available to the officer warrant a person of reasonable caution to believe the action taken was appropriate? Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); State v. Slicker, 79 N.M. 677, 448 P.2d 478 (Ct.App. 1968)."

Nor could such an arrest be deemed a subterfuge for he was charged and arraigned for faulty registration, a bona fide attempt to have such arraignment being made within less than an hour and a half after citation. Such a delay was not unreasonable per se. See State v. Slicker, 79 N.M. 677, 448 P.2d 478. As we have indicated, defendant was twice interrogated by the federal agent.

Beckwith v. Cactus Drilling Corp., 84 N.M. 565, 505 P.2d 1241 (Ct.App. 1972). Cf. State v. Slicker, 79 N.M. 677, 682, 448 P.2d 478, 483 (Ct.App. 1968) ("immediately" means "with reasonable promptness and dispatch"). Our case law reflects that work injuries span a broad spectrum, ranging from sudden fatal accidents to gradual, progressive injuries, not immediately discoverable.

Prior New Mexico cases have construed the statutory use of the terms "forthwith" and "immediately" to mean "with reasonable promptness and dispatch." See State v. Slicker, 79 N.M. 677, 682, 448 P.2d 478, 483 (Ct.App. 1968); State v. Garcia, 78 N.M. 777, 779, 438 P.2d 521, 523 (Ct.App. 1968); State v. Montgomery, 28 N.M. 344, 347, 212 P. 341, 342 (1923). The court in State v. Montgomery, ruled that the term "forthwith" is necessarily elastic in meaning and must vary under the circumstances since "[i]t would be absurd to say than an officer must immediately in all cases go directly to the magistrate with his prisoner, regardless of * * * all other circumstances surrounding the transaction."

The rule speaks in terms of availability, it does not provide for the arrested person to be discharged if a magistrate is not available. Compare State v. Gibby, 78 N.M. 414, 432 P.2d 258 (1967); State v. Montgomery, 28 N.M. 344, 212 P. 341 (1923); State v. Slicker, 79 N.M. 677, 448 P.2d 478 (Ct.App. 1968); State v. Garcia, 78 N.M. 777, 438 P.2d 521 (Ct.App. 1968). The trial court may properly refuse an erroneous instruction.

No New Mexico cases have dealt directly with §§ 64-3-11, supra, 64-13-49, supra. See State v. Lewis, 80 N.M. 274, 454 P.2d 360 (Ct.App. 1969); State v. Slicker, 79 N.M. 677, 448 P.2d 478 (Ct.App. 1968). See also United States v. Fallon, 457 F.2d 15 (10th Cir. 1972).

"When an article subject to lawful seizure properly comes into an officer's possession in the course of a lawful search it would be entirely without reason to say that he must return it because it was not one of the things it was his business to look for." New Mexico decisions have applied the quotation from Abel, supra, where the evidence seized was incident to a lawful arrest — State v. Ramirez, 79 N.M. 475, 444 P.2d 986 (1968); State v. Slicker, 79 N.M. 677, 448 P.2d 478 (Ct.App. 1968) and where the evidence seized was in the course of a lawful search pursuant to a search warrant — State v. Carlton, 82 N.M. 537, 484 P.2d 757 (Ct.App. 1971). The rule is no different where drugs are involved.

These facts are to be judged by an objective standard — would the facts available to the officer warrant a person of reasonable caution to believe the action taken was appropriate? Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); State v. Slicker, 79 N.M. 677, 448 P.2d 478 (Ct.App. 1968)." 80 N.M. at 276, 454 P.2d at 362.

The constitutional provision concerning unreasonable searches is not limited to exploratory investigations; the constitutional provision pertains to "* * * all intrusions by agents of the public upon personal security. * * *" Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). See Camara v. Municipal Court, 387 U.S. 523, 87 S.Ct. 1727, 18 L.Ed.2d 930 (1967); compare State v. Slicker, 79 N.M. 677, 448 P.2d 478 (Ct.App. 1968). The constitutional provision against unreasonable searches governs an inventory search.

The television set was properly admitted into evidence. State v. Sedillo, 81 N.M. 47, 462 P.2d 632 (Ct.App. 1969); State v. Lewis, supra; State v. Slicker, 79 N.M. 677, 448 P.2d 478 (Ct.App. 1968). The conviction and sentence is affirmed.