Where the legislature requires traffic arrests be made by uniformed, sworn, and salaried officers, arrest by a reserve deputy violates the state constitution. State v. Wright, 2022 N.M. LEXIS 2 (Jan. 10, 2022).
“The Court finds that Mr. Hunley was not stopped or seized by police prior to the officers having reasonable suspicion that there was an outstanding felony warrant for his arrest. Because Mr. Hunley was not stopped when asked for his name and date of birth, Officer Piscoya did not unlawfully extend a stop in order to conduct the warrant checks.” He gave the officer a fake name and birthday. All this happened at 4 am in July in Anchorage, and the video shows it was not dark. United States v. Hunley, 2022 U.S. Dist. LEXIS 5327 (D.Alaska Jan. 11, 2022).*