An ex parte order for wiretapping, eavesdropping or the interception of any wire or oral communication may be issued by any judge of a district court upon application of the attorney general or a district attorney, stating that there is probable cause to believe that:
A. evidence may be obtained of the commission of:
(1) the crime of murder, kidnapping, extortion, robbery, trafficking or distribution of controlled substances or bribery of a witness;
(2) the crime of burglary, aggravated burglary, criminal sexual penetration, arson, mayhem, receiving stolen property or commercial gambling, if punishable by imprisonment for more than one year; or
(3) an organized criminal conspiracy to commit any of the aforementioned crimes; or
B. the communication, conversation or discussion is itself an element of any of the above specified crimes.
History: 1953 Comp., § 40A-12-1.1, enacted by Laws 1973, ch. 369, § 2; 1979, ch. 191, § 2.
Law reviews. — For survey of 1990-91 criminal procedure and evidence, see 22 N.M.L. Rev. 713 (1992).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Permissible surveillance, under state communications interception statute, by person other than state or local law enforcement officer or one acting in concert with officer, 24 A.L.R.4th 1208.
Structure 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.