However, a violation of one or both of these statutes, particularly a violation that was not witnessed by a law enforcement officer, would not subject Lopez to custodial arrest. See NMSA 1978, § 66-8-123 (2013) (requiring, subject to specific exceptions, that an individual arrested for a misdemeanor violation of the Motor Vehicle Code be cited and released); State v. Reger, 2010-NMCA-056, ¶ 13, 148 N.M. 342, 236 P.3d 654 (“The [misdemeanor arrest] rule provides that generally, in New Mexico, an officer may execute a warrantless misdemeanor arrest only if the offense was committed in the officer’s presence.” (alteration, internal quotation marks, and citation omitted)). {29} Cases cited by Appellant, including Blea and Torres v. State, 1995-NMSC-025, ¶ 24, 119 N.M. 609, 894 P.2d 386 (<HOLDING>), in support of her argument that Deputy
holding that jailers had no independent duty to investigate holding that the duty to investigate applied to a specific murder suspect holding that where both firstdegree and felony murder were possible bases for a murder conviction a jury instruction that suggested the jury could rely on felony murder as the predicate offense for a conviction for conspiracy to commit murder was improper because under arizona law a conviction for conspiracy to commit firstdegree murder requires a specific intent to kill recognizing that the duty has been applied to accountants holding that officers owe a duty to the public to detect and investigate crime but owe no duty to individuals for negligent investigation