About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most