Rule 8-205 NMRA
Rule 8-205. Arrest warrants.
A. To whom directed. Whenever a warrant is issued in an action, including by any
method authorized by Rule 8-207(G) NMRA, it shall be directed to a municipal police
officer, a full-time salaried state or county law enforcement officer, a campus police
officer, or an Indian tribal or pueblo law enforcement officer. The person obtaining the
warrant shall cause it to be entered into a law enforcement information system. A copy
of the warrant shall be docketed in the case file. 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
warrant is in the possession of the arresting officer at the time of the arrest, a copy shall
be served on the defendant upon arrest. If the warrant is not in the officer’s possession
at the time of arrest, the officer shall 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 case file.
D. Duty to remove warrant. If the warrant has been entered into a law enforcement
information system, upon 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.