N.M. Stat. § 31-27-10
Return of property; damages; costs.
A. A law enforcement agency that holds seized property shall return the seized
property to the owner of the property within a reasonable period of time that does not
exceed five days after:
(1)
a court finds that a person had a bona fide security interest in the property;
(2)
a court finds that the owner was an innocent owner;
(3)
the acquittal of or dismissal of related criminal charges against the owner
of the property; or
(4)
the disposal of the criminal charge that was the basis of the forfeiture
proceedings by nolle prosequi.
B. A law enforcement agency that holds seized property is responsible for any
damages, storage fees and related costs applicable to property that is returned to an
owner pursuant to this section.