Terms Used In New Mexico Statutes 30-18-1.1

  • Probable cause: A reasonable ground for belief that the offender violated a specific law.

A.   A peace officer who reasonably believes that the life or health of an animal is endangered due to cruel treatment may apply to the district court, magistrate court or the metropolitan court in the county where the animal is located for a warrant to seize the animal.   

B.   If the court finds probable cause that the animal is being cruelly treated, the court shall issue a warrant for the seizure of the animal. The court shall also schedule a hearing on the matter as expeditiously as possible within thirty days unless good cause is demonstrated by the state for a later time.   

C.   Written notice regarding the time and location of the hearing shall be provided to the owner of the seized animal. The court may order publication of a notice of the hearing in a newspaper closest to the location of the seizure.   

D.   If the owner of the animal cannot be determined, a written notice regarding the circumstances of the seizure shall be conspicuously posted where the animal is seized at the time the seizure occurs.   

E.   At the option and expense of the owner, the seized animal may be examined by a veterinarian of the owner’s choice.   

F.   If the animal is a type of livestock, seizure shall be pursuant to Chapter 77, Article 18 NMSA 1978.   

  History: Laws 1999, ch. 107, § 2.