State v. Maes

OPINION

CASTILLO, Judge.

{1} This case requires us to determine whether a Basic Duty Uniform (BDU) constitutes a “uniform” as that term is used in NMSA 1978, Section 66-8-124(A) (2007), and NMSA 1978, Section 66-8-125(0) (1978), both of which require officers to be in “uniform” when carrying out an arrest for traffic and motor vehicle code violations. We conclude that a BDU is a uniform and reverse.

I. BACKGROUND

{2} In December of 2008, Defendant was charged with and indicted on one count of possession with intent to distribute an imitation controlled substance in violation of NMSA 1978, Section…