Chaves County Sheriff’s Detective and former Republican State Representative Dennis Kintigh said often the original problem with laws lies with the way they are written. “This is the responsibility of the Legislature. They need to act. The language needs to be tightened up,” he said.
The higher courts often refer to vague language in the statute and try to provide clarification, as they did with the definition of “at the scene” as it pertains to battery of a household member, a misdemeanor. In New Mexico, misdemeanor arrests can only be made if an officer actually witnesses the offense. The law provides for two exceptions: domestic violence and shoplifting. Both are intended to protect the victim. In the last year, the higher courts overturned that protection in the case of domestic violence. Kintigh noted the higher courts Login to read more