What is the difference between federal and state criminal wiretaps?

In New Mexico, federal and state criminal wiretaps are both legal tools used by law enforcement to intercept private communications, but there are some important differences between these two types of wiretaps. Federal wiretaps, or Title III intercepts, are authorized by federal law when a federal court finds probable cause that a crime has been, is being, or is about to be committed. Federal law enforcement agencies, such as the FBI, then use federal wiretaps to intercept communications related to that crime. State wiretaps, on the other hand, are authorized by state law when a state court finds probable cause that a crime has been, is being, or is about to be committed. State law enforcement agencies, such as the New Mexico State Police, then use state wiretaps to intercept communications related to that crime. Another major difference between federal and state wiretaps is that state wiretaps are typically limited to a specific period of time, usually 30 days or less, while federal wiretaps can go on for as long as 18 months. Also, state wiretaps are usually limited to the particular state in which they are authorized, while federal wiretaps have no geographical limit. In New Mexico, both federal and state criminal wiretaps are powerful tools used by law enforcement to investigate criminal activity. While they have some similarities, the differences between federal and state wiretaps should not be overlooked.

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