State of New Mexico, Plaintiff-Petitioner v. Lester Boyse and Carol Boyse, Defendants-Respondents

Summary

The New Mexico Supreme Court held that the state constitution’s requirement of a written showing of probable cause does not mandate that a magistrate physically view the writing, allowing search warrants to be requested and approved by telephone. Accordingly, the telephonically approved warrant in this case was valid and the defendants’ Fourth Amendment claim was rejected.