A.To whom directed. Whenever a warrant is issued in a criminal action, including by any method authorized by Rule 6-208 (G) NMRA, it shall be directed to a full-time salaried state or county law enforcement officer, a municipal police officer, a campus police officer, or an Indian tribal or pueblo law enforcement officer. The warrant may limit the jurisdictions in which it may be executed. A copy of the warrant shall be docketed in the case file. The person obtaining the warrant shall cause it to be entered into a law enforcement information system. Upon arrest the defendant shall be brought before the court without unnecessary delay.B.Arrest. The warrant shall be executed by the arrest of the defendant. If the warrant is in the possession of the arresting officer at the time of the arrest, a copy shall be served on the defendant upon arrest. If the warrant is not in the officer's possession at the time of arrest, the officer shall inform the defendant of the offense and of the fact that a warrant has been issued and shall serve the warrant on the defendant as soon as practicable.C.Return. The arresting officer shall make a return of the warrant, or any duplicate original, to the court as captioned on the warrant and notify immediately all law enforcement agencies, previously advised of the issuance of the warrant for arrest, that the defendant has been arrested. The return shall be docketed in the case file.D.Duty to remove warrant. If the warrant has been entered into a law enforcement information system, upon arrest of the defendant, the person executing the warrant shall cause it to be removed from the system. If the court withdraws the warrant, the court shall cause the warrant to be removed from the warrant information system.N.M. R. Crim. P. Magist. Ct. 6-206
As amended, effective 7/1/1999;3/1/2000; as amended by Supreme Court Order No. 13-8300-011, effective for all cases pending or filed on or after7/15/2013; as amended by Supreme Court Order No. 20-8300-008, effective for all cases pending or filed on or after 12/31/2020.Committee commentary. - Paragraph A was amended in 2013 to permit alternate methods for requesting and issuing arrest warrants. See Rule 6-208 NMRA and the related committee commentary for more information.
[Adopted by Supreme Court Order No. 13-8300-011, effective for all cases pending or filed on or after July 15, 2013.]
ANNOTATIONS The 2013 amendment, approved by Supreme Court Order No. 13-8300-011, effective for all cases pending or filed on or after July 15, 2013, provided for alternate methods for requesting and issuing arrest warrants; in Paragraph A, in the first sentence, after "in a criminal action", added "including by any method authorized by Paragraph G of Rule 6-208 NMRA"; and in Paragraph C, after "shall make a return", added "of the warrant, or any duplicate original". The 2000 amendment, effective March 1, 2000, has the arresting officer make a return to the court which issued the warrant instead of returning it to the magistrate and made gender neutral changes. The 1999 amendment, effective July 1, 1999, added the second sentence in Paragraph A, added the last sentence in Paragraph C, and substituted Paragraph D, relating to the duty to remove warrants, for former Paragraph D, relating to severance of offenses or defendants.
For forms on warrant for arrest and return where defendant is found, see Rule 9-210 NMRA. For forms on bench warrant and return, see Rule 9-212 NMRA. For the statutory requirement that the state police maintain a criminal identification system, see Section 29-3-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law §§ 408 to 410, 421, 422. 22 C.J.S. Criminal Law § 334 et seq.