New Mexico § 20-2-5 - Fresh pursuit

Full text of New Mexico New Mexico Statutes Annotated § 20-2-5 — Fresh pursuit, with citation guidance and answers to common questions.

§ 20-2-5. Fresh pursuit

A. In case the United States is at war or in case of any other emergency declared

by the president or the congress of the United States or by the governor or the legislature

of this state, any organization, unit or detachment of the military forces of this

state by direction of the governor and upon order of the officer in immediate command

thereof may continue in fresh pursuit of insurrectionists, saboteurs, perpetrators

of felony, enemies or enemy forces beyond the borders of this state into another state

of the United States until they are apprehended or captured by such organization,

unit or detachment or until the military or police forces of such other state or the

forces of the United States have had a reasonable opportunity to take up the pursuit

or to apprehend or capture the persons pursued, provided such other state shall have

given authority by law for such pursuit by such forces of this state. Except as otherwise provided by law, any person who shall be apprehended or captured

in another state of the United States by any of the forces of this state shall without

unnecessary delay be surrendered to the military or police forces of the state in

which he is taken or to the United States, but such surrender shall not constitute

a waiver by this state of its right to extradite or prosecute such person for any

crime committed in this state. B. Military forces of other states of the United States may enter this state. Any military forces of another state of the United States who are in fresh pursuit

of insurrectionists, saboteurs, perpetrators of felony, enemies or enemy forces may

continue such pursuit into this state until the military or police forces of this

state or the forces of the United States have had a reasonable opportunity to take

up the pursuit or to apprehend or capture the persons pursued and the pursuing forces

may arrest or capture such persons within this state while in fresh pursuit. Any such person who shall be captured or arrested by the military forces of such

other state while in this state shall without unnecessary delay be surrendered to

the military or police forces of this state to be dealt with according to law. C. This section shall not be construed so as to make unlawful any arrest in this state

which would otherwise be lawful or to repeal or prevent the application of any of

the provisions of the Uniform Act on Fresh Pursuit.

Frequently Asked Questions About New Mexico § 20-2-5

What does New Mexico Statutes Annotated § 20-2-5 cover?

Section 20-2-5 ("Fresh pursuit") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Mexico § 20-2-5?

A common citation format is "New Mexico Statutes Annotated § 20-2-5" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Mexico law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.

How does New Mexico § 20-2-5 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.