A. The contents of any wire or oral communication intercepted by any means authorized by this act [30-12-1 to 30-12-11 NMSA 1978] shall, if possible, be recorded on tape, wire or other comparable device. The recording shall be done in such a way as will protect the recording from editing or other alterations. Immediately upon expiration of the period of the order or extension thereof, such recording shall be made available to the judge issuing the order and sealed under his directions. Custody of the recording shall be wherever the judge orders. A recording shall not be destroyed except upon the order of the judge, and in any event shall be kept for ten years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of this act. The presence of the seal, or a satisfactory explanation for the absence thereof, shall be prerequisite for the use or disclosure of the contents of any wire or oral communication or evidence derived under this act.

B. Applications made and orders granted under this act shall be sealed by the judge and custody of them shall be wherever the judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction, and shall not be destroyed except on order of the judge to whom presented, and in any event shall be kept for ten years.

C. Any violation of the provisions of this section may be punished as a contempt of court.

D. Within a reasonable time, but not later than ninety days after the filing of an application for an order of approval which is denied, or after the termination of the period of an order or extensions thereof, the judge to whom the application was presented shall cause to be served on the persons named in the order or the applications and on such other parties to intercepted communications as the judge may determine is in the interest of justice, notice of:

(1) the fact of the entry of the order or application;

(2) the date of the entry and the period of authorized, approved or disapproved interception or the denial of the application; and

(3) the fact that during the period wire or oral communications were or were not intercepted. The judge, upon the filing of a motion, may, in his discretion, make available to any such person or his counsel for inspection such portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge the serving of the matter required by this subsection may be postponed.

History: 1953 Comp., § 40A-12-1.6, enacted by Laws 1973, ch. 369, § 7.

Cross references. — For contempt of court, see 34-1-2 to 34-1-5 NMSA 1978.

Right of press to evidentiary materials arises when materials become public. — The right of the press to copies of evidentiary materials does not arise until the materials become part of the public record or are played in open court. State ex rel. Bingaman v. Brennan, 1982-NMSC-059, 98 N.M. 109, 645 P.2d 982.

Procedure upon pretrial motion for disclosure of wiretap records. — A pretrial motion for disclosure of federal and state wiretap records, which claimed that a telephone call had been subject to surveillance, triggered the government's duty to affirm or deny the existence of such evidence, but since the government's denial was adequate and no evidence of an illegal surveillance beyond the unsupported allegations in the motion was presented, it was unnecessary to conduct a further hearing on the motion. United States v. Alvillar, 575 F.2d 1316 (10th Cir. 1978).