State v. Boyse

OPINION

VIGIL, Justice.

I. INTRODUCTION

This case requires us to interpret the New Mexico Constitution to determine whether it allows for the process of requesting and approving search warrants by telephone. 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 meaning of the word “showing” in…