Statutes > New Mexico Statutes > Chapter 43 - Commitment Procedures. > Article 2 - Alcoholics and Intoxicated Persons; Detoxification, 43-2-1 through 43-2-23. > Section 43-2-19 - Peace officer or public service officer; no liability.

Section 43-2-19 - Peace officer or public service officer; no liability.

43-2-19. Peace officer or public service officer; no liability.

A.     A peace officer or public service officer may, if the officer reasonably believes it necessary for the officer's own safety, make a protective search of an intoxicated person before transporting the person to a residence, treatment facility or detention center.

B.     A peace officer or public service officer shall not be held civilly liable for assault, false imprisonment or other alleged torts or crimes on account of reasonable measures taken under the authority of the Detoxification Reform Act, if such measures were, in fact, reasonable and did not involve use of excessive or unnecessary force.