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New Mexico: Off-Road High Speed Pursuit
Real World Police | 2019-01-24
Description
This New Mexico pursuit video, along with others you will see here, is best understood with some background info: Prior to 2003, it was only a petty misdemeanor to run from the police in the state of New Mexico. In 2003, however, the New Mexico legislature created the new crime of “aggravated fleei...
This New Mexico pursuit video, along with others you will see here, is best understood with some background info: Prior to 2003, it was only a petty misdemeanor to run from the police in the state of New Mexico. In 2003, however, the New Mexico legislature created the new crime of “aggravated fleeing a law enforcement officer” - a fourth-degree felony. But the new crime included an unusual element: a plain reading of the statute indicates that the new evading / eluding statute would only apply if the pursuit was being conducted in compliance with another law: the Law Enforcement Safe Pursuit Act (“LESPA”). **See note at end.** Among other things, the LESPA mandates an additional 16 hours of police training on how to conduct high-speed chases. It also defines a high-speed pursuit, lays out specific criteria to be considered by police when initiating a high-speed pursuit, sets forth the responsibilities of officers during and after a pursuit, and even requires a full police academy curriculum on the subject. The LESPA also requires that every police agency within New Mexico establish and enforce policies regarding high-speed pursuits, and it requires that those policies have as minimum standards the requirements of the LESPA. Very relevant to this video, the statute also makes clear when officers should not pursue, articulating circumstances under which pursuits must be terminated as well as specific considerations which must be taken into account. The Department of Justice has referred to pursuits as the most dangerous aspect of law enforcement, and the data back that up. According to an FBI report, high-speed police chases kill roughly one person a day nationwide, and innocent bystanders represent one-third to one-half of the fatalities. Law enforcement officers are not immortal either, and each year police officers are severely injured or killed in pursuit-related crashes. In this pursuit - as in many other pursuits you will see here - there is a constant supervisory evaluation of whether the benefits of the pursuit clearly outweigh its risks. (As you will see.) Oh, also, if you ever consider purchasing a used police car... just remember 2:55 - 3:25 in this video. **Note": Although the LESPA statute explicitly requires that a pursuit be conducted “in accordance with” the Law Enforcement Safe Pursuit Act, NMSA 1978, Sections 29-20-1 to - 4 (2003), in 2008 the New Mexico Supreme Court held that "in accordance with the LESPA" is not considered an essential element of the crime. See State v. Padilla, 2008-NMSC-006, 143 N.M. 310, 176 P.3d 299, reversing State v. Padilla, 2006-NMCA-107. Sucks for Mr. Padilla. To read the court's ruling yourself, visit http://www.tiny.cc/lespa
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