Section 29-14-4 - Investigations of peace officers; requirements. - New Mexico Statutes

29-14-4. Investigations of peace officers; requirements.

When any peace officer is under investigation by his employer for alleged actions that could result in administrative sanctions being levied against the officer, the following requirements shall be adhered to:   

A.     any interrogation of an officer shall be conducted when the officer is on duty or during his normal waking hours, unless the urgency of the investigation requires otherwise;   

B.     any interrogation of an officer shall be conducted at the employer's facility, unless the urgency of the investigation requires otherwise;   

C.     prior to commencement of any interrogation session:   

(1)     an officer shall be informed of the name and rank of the person in charge of the interrogation and all other persons who will be present during the interrogation;   

(2)     an officer shall be informed of the nature of the investigation, and the names of all known complainants shall be disclosed to the officer unless the chief administrator of the officer's employer determines that the identification of the complainant shall not be disclosed because it is necessary for the protection of an informant or because disclosure would jeopardize or compromise the integrity or security of the investigation; and   

(3)     a reasonable attempt shall be made to notify the officer's commanding officer of the pending interrogation;   

D.     during any interrogation session, the following requirements shall be adhered to:   

(1)     each interrogation session shall not exceed two hours unless the parties mutually consent to continuation of the session;   

(2)     there shall not be more than two interrogation sessions within a twenty-four hour period, unless the parties mutually consent to additional sessions, provided that there shall be at least a one-hour rest period between the sessions;   

(3)     the combined duration of an officer's work shift and any interrogation session shall not exceed fourteen hours within a twenty-four hour period, unless the urgency of the investigation requires otherwise;   

(4)     there shall not be more than two interrogators at any given time;   

(5)     an officer shall be allowed to attend to physical necessities as they occur in the course of an interrogation session; and   

(6)     an officer shall not be subjected to offensive language or illegal coercion by his interrogator in the course of an interrogation session;   

E.     any interrogation of an officer shall be recorded, either mechanically or by a stenographer, and the complete interrogation shall be published as a transcript; provided that any recesses called during the interrogation shall be noted in the transcript; and   

F.     an accurate copy of the transcript or tape shall be provided to the officer, upon his written request, no later than fifteen working days after the investigation has been completed.