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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