Resisting Arrest
Section 30-22-1 — resisting, evading or obstructing an officer is a misdemeanor
Resisting, evading or obstructing an officer is a misdemeanor, and it is any of four things.
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- Knowingly obstructing, resisting or opposing an officer, or anyone else authorized, serving or trying to serve a court's process, rule or order.
- Intentionally fleeing, trying to evade, or evading an officer when the person knows the officer is trying to apprehend or arrest them.
- Willfully refusing to stop a vehicle on a signal from a uniformed officer in an appropriately marked police vehicle.
- Resisting or abusing a judge, magistrate or peace officer in the lawful discharge of their duties.
The state's own sections are not the only measure of police force. Under the Fourth Amendment, the Supreme Court of the United States has held that force used in an arrest, a stop or any other seizure is judged by objective reasonableness, from the perspective of a reasonable officer on the scene rather than with hindsight, and that deadly force may not be used to stop a fleeing suspect unless the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (3)
- NMSA 1978, § 30-22-1 — Resisting, evading or obstructing an officer
- Graham v. Connor, 490 U.S. 386 (1989) — Force during a seizure is judged by objective reasonableness from the officer's perspective at the time
- Tennessee v. Garner, 471 U.S. 1 (1985) — Deadly force against a fleeing suspect is unreasonable absent probable cause of a significant threat of death or serious injury
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.