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. ANNOTATIONSLaw 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 dure 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.
New Mexico Legal Code