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Current as of January 01, 2024 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 30. Criminal Offenses § 30-12-2. Grounds for order of interception - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-30-criminal-offenses/nm-st-sect-30-12-2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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