Section 30-12-2 - Grounds for order of interception. - 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:   

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.