The New Mexico State University Police Department has been utilizing body-worn cameras since 2011. The University of New Mexico Police Department has not.
NMSUPD began using body-worn cameras in response to industry standards and best nationwide law enforcement practices, according to Justin Dunivan, Deputy Chief of NMSUPD.
“This program has been a great success for our department,” Dunivan said.
Created amidst Black Lives Matter protests in response to the murder of George Floyd by the Minneapolis Police Department, a 2020 New Mexico statute requires most law enforcement agencies to use and have policies on body-worn cameras. This law excludes university police departments, according to Larry Bitsoih, UNMPD lieutenant and public information officer.
“Unlike other local law enforcement agencies, the bill excludes university police departments,” Bitsoih said.
UNMPD utilizes audio recording devices, according to its Standard Operating Procedures (SOP) Manual. The SOP – last revised in 2022 – states that the devices are used “to guard against false claims of improper conduct and as a tool to de-escalate situations when the citizen becomes aware that the contact is being recorded.”
The intention of the 2020 law was to include university police departments because they employ peace officers, as defined in section one of the law, according to Benjamin Baker, Senior Public Safety Advisor to Gov. Michelle Lujan Grisham.
“Absolutely every person that … is commissioned, salaried and as a full-time peace officer must (utilize body-worn cameras),” Baker said. “There’s no sort of implied or hidden exemption for universities contained within here.”
The Daily Lobo reached out to Senator Joseph Cervantes (D), the sponsor of the bill, four times for comment and received no response.
“If you’re at UNM and you’re a police officer: body-cam,” Baker said. “There’s no doubt in my brain, having participated in the legislative process when this was being contemplated in testimony, I think there’s no way (university police are exempt).”
In November, Peter Simonson – New Mexico American Civil Liberties Union Executive Director – told the Daily Lobo he believes that there was an oversight in legislation when the bill was created.
“Unfortunately, there actually is a loophole. That means that the law does not strictly cover university police departments,” Simonson said. “There really is no conceivable reason why University Police should be exempt from coverage of that law.”
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As of 2016, 47% of general-purpose law enforcement agencies in the United States used body-worn cameras, according to the most recent data from the Bureau of Justice Statistics. The primary reasons agencies acquired the devices were to improve officer safety, increase evidence quality, reduce civilian complaints and reduce agency liability, the BJS found.
“This technology has proven to be a great asset for accountability, transparency, crime scene documentation and for additional evidentiary value,” Dunivan said.
NMSUPD’s Policies and Procedures Manual states officers should activate their body-worn cameras whenever they are responding to calls for service or initiating encounters with the public, as well as whenever officers believe the use “would be beneficial to their police duties.”
The manual was last revised in 2023 and reviewed this year.
“We continue to strive to foster a safe environment, free of crime, that is conducive to and supports the educational, outreach and public service missions of our university,” Dunivan said.
Lily Alexander is the news editor for the Daily Lobo. She can be reached at news@dailylobo.com or on Twitter @llilyalexander
Lauren Lifke is the managing editor for the Daily Lobo. She can be reached at managingeditor@dailylobo.com or on Twitter @lauren_lifke
Lauren Lifke is the managing editor for the Daily Lobo. She can be reached at managingeditor@dailylobo.com or on Twitter @lauren_lifke
Lily Alexander is the 2024-2025 Editor of the Daily Lobo. She can be reached at editorinchief@dailylobo.com or on Twitter @llilyalexander