2017 New Mexico Statutes
Chapter 30 - Criminal Offenses
Article 12 - Abuse of Privacy
Section 30-12-2 - Grounds for order of interception.
30-12-2. Grounds for order of interception.
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.
