Upon the filing with any district judge or justice of the peace [magistrate court] of an affidavit in writing made by any citizen that gambling as prohibited by this article [30-19-1 to 30-19-15 NMSA 1978] is being conducted in any building, room, premises or place describing the same for sufficient identification, it shall be the duty of the district judge or justice of the peace [magistrate] with whom such affidavit is filed to immediately issue a warrant commanding the peace officer to whom the same is addressed to forthwith enter and search the building, room, premises or place. In the event the location is being used for purposes prohibited by this article, the peace officer shall arrest without a warrant the parties therein or making their escape therefrom, and who would be subject to arrest with a warrant. The officers shall also take possession of any gambling paraphernalia, device or equipment found therein, and shall hold the same until deprived of the possession thereof by law. It shall be the duty of the peace officers to take any persons so arrested before some magistrate having jurisdiction and to forthwith file a proper complaint against each person so arrested.

History: 1953 Comp., § 40A-19-12, enacted by Laws 1963, ch. 303, § 19-12.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace was abolished by 35-1-38 NMSA 1978, and the jurisdiction, powers and duties were transferred to the magistrate courts.

Disposition of affidavit. — Former section 40-22-8, 1953 Comp., provided only for the filing of the required affidavit and had no further directive as to the disposition of the same by the judge. Howard v. United States, 306 F.2d 392 (10th Cir. 1962).

Effect of misplacing affidavit. — If the affidavit provided for in 40-22-8, 1953 Comp., was lost or misplaced, the search warrant and the proceedings leading to its issuance, otherwise in conformity with the statute, could not be thereby invalidated. Howard v. United States, 306 F.2d 392 (10th Cir. 1962).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 38A C.J.S. Gaming § 75 et seq.