Rule 5-210. Arrests without a warrant; arrest warrants.

A. To whom directed. When a warrant is issued in a criminal action, including by any method authorized Rule 5-211(F) 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 court as captioned on the warrant. 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 arresting officer has the warrant in the officer’s possession at the time of the arrest, a copy shall be served on the defendant upon arrest. If the officer does not have the warrant in the officer’s possession at the time of the arrest, the officer shall then 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 court as captioned on the warrant. D. Arrests without a warrant. If the defendant is arrested without a warrant, a criminal complaint shall be prepared and a copy given to the defendant and the local detention center at the time of transferring the defendant to the custody of the detention facility. If the defendant is not provided a copy of the criminal complaint upon transfer to a detention facility, without just cause or sufficient reason, the complaint may be dismissed without prejudice or defendant may be released from custody. If the defendant is in custody and the court is open, the criminal complaint shall be filed immediately with the court. If the court is not open, the complaint shall be filed the next business day of the court. If the defendant is not in custody, the complaint shall be filed with the court within seventy-two (72) hours. If the criminal complaint is not filed within the deadlines stated above, the case shall be dismissed without prejudice. E. Duty to remove warrant. If the warrant has been entered into a law enforcement information system, upon the 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.