Theodore R. McKeldin, Governor                   295

"Crimes and Punishments", said new section to follow immediately
after Section 670 thereof, and to be under the new sub-title "Wire-
tapping", prohibiting the obtaining or tapping of telephonic or
telegraphic communications without consent, with exceptions,
unless pursuant to the order of a judge of the Circuit Court or of
the Supreme Bench of Baltimore City subject to certain require-
ments and restrictions, and providing that evidence obtained as a
result of the interception of telephonic and telegraphic communi-
cations shall be admissible in evidence in certain cases only if
obtained in conformity with the provisions of this Act, and making
it a criminal offense to intercept telephonic and telegraphic com-
munications in any manner other than as provided in this Act.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Sections 100 to 107, inclusive, be and they are hereby added
to Article 35 of the Annotated Code of Maryland (1951 Edition and
1955 Supplement), title "Evidence", to follow immediately after
Section 99 thereof, to be under the new sub-title "Wire-tapping",
and to read as follows:

Wire-tapping

100.    The right of the people to be secure against unreasonable
interception of telephonic and telegraphic communications shall not
be violated. The interception and divulgence of a private comunica-
tion by any person not a party thereto is contrary to the public policy
of this State, and shall not be permitted except by court order in
unusual circumstances to protect the people. It is further declared
to be the public policy of this State that detection of the guilty does
not justify investigative methods which infringe upon the liberties
of the innocent

101.    (a) Except as otherwise provided in Section 102 of this sub-
title or sub-section (b) of this section, no person shall:

(1)  Obtain or attempt to obtain the whole or any part of a tele-
phonic or telegraphic communication to which such person is not a
participant by means of any device, contrivance, machine or appa-
ratus, whether electrical, mechanical, manual or otherwise, unless
consent is given by

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THE PARTICIPANTS.

(2)  Tamper with the wires, connections, boxes, fuses, circuits,
lines or other equipment or facilities of a telephone or telegraph
company over which messages are transmitted with the intent to
obtain unlawfully^ the contents of a telephonic or telegraphic com-
munication to which such person is not a participant.

(b) The prohibition of this section shall not apply to officers,
employees or agents of a telephone or telegraph company who per-
form the acts prohibited in this sub-title for the purpose of construc-
tion, maintenance or conducting of their telephonic and telegraphic
communications service, facilities or equipment.

102.    (a) An ex parte order for the interception of telephonic
and telegraphic communications may be issued by any fudge of a
Circuit Court or of the Supreme Bench of Baltimore City upon the
verified application of the Attorney General or any State's Attorney
OR ANY DULY CONSTITUTED POLICE OFFICER setting forth
fully the facts and circumstances upon which the application is based
and stating that: