New Mexico § 29-1-16 - Electronic recordings of custodial interrogations
Full text of New Mexico New Mexico Statutes Annotated § 29-1-16 — Electronic recordings of custodial interrogations, with citation guidance and answers to common questions.
§ 29-1-16. Electronic recordings of custodial interrogations
A. A state or local law enforcement officer shall comply when reasonably able to do
so with the following procedures when conducting a custodial interrogation: (1) the custodial interrogation shall be electronically recorded in its entirety; (2) if conducted in a police station, the custodial interrogation shall be electronically
recorded by a method that includes audio or visual or both, if available; and (3) the electronic recording shall include the advice of constitutional rights required
by law. B. A law enforcement officer shall comply with the provisions of this section unless
the law enforcement officer has good cause not to electronically record the entire
custodial interrogation and makes a contemporaneous written or electronic record of
the reasons for not doing so. Good cause includes: (1) the electronic recording equipment was not reasonably available; (2) the electronic recording equipment failed and obtaining replacement equipment
was not feasible; (3) the individual refused to be recorded; or (4) the statement was made in a court proceeding or a grand jury proceeding. C. Statements that are spontaneously volunteered and not the result of custodial interrogation
are not subject to the provisions of this section. D. The provisions of this section shall apply only to custodial interrogations when,
at the time of the interrogation, the person is suspected of committing a felony offense. E. The provisions of this section do not apply to custodial interrogations conducted
outside the state of New Mexico. F. The provisions of this section do not apply to statements used for impeachment
purposes. G. The provisions of this section do not apply within a correctional facility. H. As used in this section: (1) “ custodial interrogation ” means questioning by law enforcement officers that requires the advice of constitutional
rights; and (2) “ electronic recording ” means a complete and authentic electronic recording created by visual or audio media,
including by motion picture, videotape, audio tape or digital media. I. This section shall not be construed to exclude otherwise admissible evidence in
any judicial proceeding.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 29-1-16
What does New Mexico Statutes Annotated § 29-1-16 cover?
Section 29-1-16 ("Electronic recordings of custodial interrogations") 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 § 29-1-16?
A common citation format is "New Mexico Statutes Annotated § 29-1-16" (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 § 29-1-16 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.