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Thursday, April 26, 2007

Officer's Actions Divide Officials

By Beth Hahn
Mountain View Telegraph
    Edgewood town officials are split on whether an Albuquerque police officer who stopped motorists for speeding on Horton Road is acting properly or not.
    Mayor Howard Calkins said Monday he thinks the officer is doing the community a service by slowing traffic on Horton Road, while Municipal Judge Bill White thinks the officer is overstepping his authority.
    The matter came to light about a month ago when Town Councilor Brad Hill said at least two Edgewood residents had expressed concern to him about the Albuquerque Police Department officer making traffic stops within the Edgewood town limits.
    According to Hill, the APD officer in an APD cruiser is turning on his emergency lights at speeding traffic and has approached two drivers and told them they were speeding after they pulled over, but no tickets have been issued.
    Calkins sent a letter about the situation to Albuquerque Mayor Martin Chávez and APD chief Ray Schultz on March 23. Calkins said Monday he had not received a response from Chávez or Schultz.
    Calkins said he is hesitant to continue pursuing the matter.
    "I don't want to make a big deal out of it," he said. "I think maybe we got some publicity out there so that this (officer) may not want to (make traffic stops) anymore."
    For White, the traffic stops raise concerns about potential abuse of power, liability risks and following state law.
    White said he researched state law and found a 1988 state Attorney General opinion that reads:
    "Absent a statutory exception, such as a fresh pursuit or the issuance of credentials by the Motor Vehicle Division, a municipal police officer's authority to enforce the Motor Vehicle Code ... is limited to the city limits of the municipality where he is employed."
    White said he was surprised that most residents don't seem to have a problem with the stops.
    "There are a lot of people out here that think it is just fine (for an APD officer) to stop speeders," said White. "I think this is incredibly corrosive."
    While residents may appreciate the officer's concern for safety on Horton Road, White said it is dangerous for a police officer without approval from the state or local sheriff's department to begin enforcing laws as he sees fit.
    In previous interviews, Santa Fe County Sheriff Greg Solano said it is not unusual for his department to cross-commission officers from other agencies to perform undercover investigations. He added, however, that he is not aware of an APD officer who is commissioned to perform traffic stops.
    APD spokeswoman Trish Hoffman has said she is unaware of any complaints about that department's officers making traffic stops outside of Albuquerque.
    White said that despite most residents' acceptance of the officer's actions, he is concerned because of what is written in state law.
    "I'm not concerned as a judge; I'm concerned as a citizen," he said. "I think it's dangerous to accept this officer's actions in light of what the law says."