A. Each order authorizing or approving wiretapping, eavesdropping or interception of wire or oral communications shall specify:
(1) the identity, if known, of the person whose communications are to be intercepted;
(2) the nature and location of the communication facilities as to which, or the place where, authority to intercept is granted;
(3) a particular description of the type of communication sought to be intercepted and a statement of the particular offense to which it relates;
(4) the identity of the agency authorized to intercept the communications, and of the person authorizing the application; and
(5) the period of time during which such interception is authorized, including a statement as to whether the interception automatically terminates when the described communication has been first obtained.
B. An order authorizing the interception of a wire or oral communication shall, upon request of the applicant, direct that a communication common carrier, landlord, custodian or other person shall furnish the applicant forthwith all information, facilities and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such carrier, landlord, custodian or person is according the person whose communications are to be intercepted. Any communication common carrier, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant at the prevailing rates.
History: 1953 Comp., § 40A-12-1.4, enacted by Laws 1973, ch. 369, § 5.
Structure 2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Section 30-12-1 - Interference with communications; exception.
Section 30-12-2 - Grounds for order of interception.
Section 30-12-3 - Form of application.
Section 30-12-4 - Entry of order; determination.
Section 30-12-5 - Contents of order.
Section 30-12-6 - Order; extension; requirements.
Section 30-12-7 - Method of recording communication; custody.
Section 30-12-8 - Use of contents as evidence; disclosure; motion to suppress.
Section 30-12-9 - Disclosure; when and by whom allowed.
Section 30-12-10 - Interception of privileged or unauthorized communications.
Section 30-12-11 - Right of privacy; damages.
Section 30-12-12 - Disturbing a marked burial ground.