New Mexico Statutes 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:
Terms Used In New Mexico Statutes 30-12-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
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.