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2024 Op. N.M. Att'y Gen. 1 (2024)

handle is hein.sag/sagnm0107 and id is 1 raw text is: New Mexico
Department
of Justice
January 19, 2024
OPINION
OF                                                      AG Opinion No. 2024-01
RAUL TORREZ
Attorney General
By:    Jennifer N. Salazar
Assistant Attorney General
To:    Belinda Garland
Executive Director
New Mexico Livestock Board
In Re: Opinion Request - Body Camera Use Obligations of New Mexico Livestock Board
Inspectors
Question:
Is the Livestock Board a law enforcement agency subject to body-worn camera requirements of
NMSA 1978, Section 29-1-18?
Conclusion:
No. The Livestock Board does not fall under the definition of a law enforcement agency for
purposes of Section 29-1-18, and the agency is not subject to the statute's body camera
requirements.
Analysis
Whether New Mexico Livestock Board inspectors (livestock inspectors) are subject to the
body-worn camera use and other requirements of NMSA 1978, § 29-1-18 (2023) depends on
whether the New Mexico Livestock Board (the Board) is a law enforcement agency for purposes
of that statute. As explained in more detail below, and based on the applicable law and information
provided, we conclude that the Board's inspectors are not subject to those body camera use
requirements because the Board is not included in the statute's explicit definition of a law
enforcement agency.
Only certain law enforcement agencies are subject to body-worn camera requirements
under Section 29-1-18(A). This statute provides that peace officers employed by a covered law
enforcement agency and who routinely interact with the public are required to wear body
cameras, except as otherwise provided by law. A law enforcement agency for purposes of this
section is defined as the police department of a municipality, the sheriffs office of a county, the
New Mexico state police or the department of public safety. Section 29-1-18(D)(2). According
New Mexico Department of Justice
408 Galisteo Street I Santa Fe, NM 87501 (505) 490-4060 1 NMAG.GOV

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