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CRIMINAL SEARCH WARRANTS DONE BY PHONE

The New Mexico Supreme Court ruled unanimously that search warrants may be approved electronically by a judge, eliminating a mandatory in-person signing requirement which was required in the past.

"Article II, Section 10 of the New Mexico Constitution requires search warrants to be based on a written showing of probable cause supported by oath or affirmation. We are asked to decide whether the written showing requirement necessarily means that the issuing judge or magistrate must see the writing in order to approve the search warrant. We interpret the 2 meaning of the word "showing" in Article II, Section 10 of the New Mexico Constitution as a presentation or statement of facts that can be made through audible or other sensory means as well as through visual means. Thus, we hold as a matter of law that the New Mexico Constitution allows for alternative methods for requesting and approving search warrants, including by telephone." State v. Boyse June 10, 2013

Unfortunately this means that judges will be able to sign off on warrants without face-to-face communication with the police officer or affiant.

Every warrant issued still, of course, must establish the timely existence of probable cause in all criminal cases, and if the warrant fails to meet any of those requirements then legal action can be taken.

If you need to have a criminal defense attorney review a warrant, contact McGraw & Strickland at:

(575) 323-1529

Las Cruces, NM

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McGraw & Strickland, LLC
165 West Lucero Ave.
Las Cruces, NM 88005

Phone: 575-523-4321
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