Terms Used In New Mexico Statutes 30-12-9

  • 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.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

A.   Any investigative or law enforcement officer who, by any means authorized by this act [30-12-1 through 30-12-11 NMSA 1978], has obtained knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may:   

(1)   disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure; or   

(2)   use such contents to the extent such use is appropriate in the official performance of his official duties.   

B.   Any person who has received, by any means authorized by this act, any information concerning a wire or oral communication, or evidence derived therefrom, intercepted in accordance with the provisions of this act, may disclose the contents of that communication or such derivative evidence while giving testimony in any criminal proceeding in any court of this state or in any grand jury proceeding.   

  History: 1953 Comp., § 40A-12-1.8, enacted by Laws 1973, ch. 369, § 9.