N.M. Stat. § 30-12-8
Use of contents as evidence; disclosure; motion to
suppress.
A. The contents of any intercepted wire or oral communication or evidence derived
therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing
or other proceeding in a state court unless each party, not less than ten days before the
trial, hearing or proceeding has been furnished with a copy of the court order and
accompanying application, under which interception was authorized or approved. This
ten-day period may be waived by the court if it finds that it was not possible to furnish
the party with such information ten days before the trial, hearing or proceeding, and that
the party will not be prejudiced by the delay in receiving such information.
B. Any aggrieved person in any trial, hearing or proceeding in or before any court,
department, officer, agency, regulatory body or other authority of the state or a political
subdivision thereof, may move to suppress the contents of any intercepted wire or oral
communication on the grounds that:
(1)
the communication was unlawfully intercepted;
(2)
the order of authorization or approval under which it was intercepted is
insufficient on its face; or
(3)
the interception was not made in conformity with the order of authorization
or approval.
Such motion shall be made before the trial, hearing or proceeding unless there has
been no opportunity to make such motion, or the person has not been aware of the
grounds of the motion. If the motion is granted, the contents of the intercepted wire or
oral communication, or evidence derived therefrom, shall not be received as evidence.
In addition to any other right of appeal, the state shall have the right to appeal from an
order granting a motion to suppress made under this subsection, or to appeal the denial
of an application for an order of approval, if the person making or authorizing the
application shall certify to the judge granting such motion or denying such application
that the appeal is not taken for purposes of delay. Such appeal shall be taken within
thirty days after the date the order is entered and shall be diligently prosecuted.