314                                            LAWS OF MARYLAND                                [Ch. 2

§6—205.1 — "Suspension of license in event of
refusal to submit to chemical tests for
intoxication".

SUBTITLE 4. WIRE TAPPING.

SEC. 10-401. DECLARATION OF POLICY.

THE RIGHT OF THE PEOPLE TO BE SECURE AGAINST
UNREASONABLE INTERCEPTION OF TELEPHONIC AND
TELEGRAPHIC COMMUNICATIONS MAY NOT BE VIOLATED. THE
INTERCEPTION AND DIVULGENCE OF A PRIVATE COMMUNICATION
BY ANY PERSON NOT A PARTY THERETO IS CONTRARY TO THE
PUBLIC POLICY OF THE STATE, AND MAY NOT BE PERMITTED
EXCEPT BY COURT ORDER IN UNUSUAL CIRCUMSTANCES TO
PROTECT THE PEOPLE. IT IS FURTHER DECLARED TO BE THE
PUBLIC POLICY OF THE STATE THAT DETECTION OF THE
GUILTY DOES NOT JUSTIFY INVESTIGATIVE METHODS WHICH
INFRINGE UPON THE LIBERTIES OF THE INNOCENT.

REVISOR'S NOTE: This section presently appears as
Art. 35, §92. This section was enacted in
1956. The only changes made are in style.

SEC. 10-402. INTERCEPTION OF COMMUNICATIONS
PROHIBITED.

(A)   USE OF DEVICE FOR INTERCEPTION.

EXCEPT AS OTHERWISE PROVIDED IN §10-403 AND
SUBSECTION (C) OF THIS SECTION, A PERSON MAY NOT
OBTAIN OR ATTEMPT TO OBTAIN THE WHOLE OR ANY PART OF A
TELEPHONIC OR TELEGRAPHIC COMMUNICATION TO WHICH THE
PERSON IS NOT A PARTICIPANT BY MEANS OF A DEVICE,
CONTRIVANCE, MACHINE, OR APPARATUS, WHETHER
ELECTRICAL, MECHANICAL, OR MANUAL UNLESS CONSENT IS
GIVEN BY THE PARTICIPANTS.

(B)     EQUIPMENT OF TELEPHONE OR TELEGRAPHIC
COMPANY.

EXCEPT AS OTHERWISE PROVIDED IN §10-403 AND
SUBSECTION (C) OF THIS SECTION, NO PERSON MAY 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 THE CONTENTS OF
A TELEPHONIC OR TELEGRAPHIC COMMUNICATION TO WHICH THE
PERSON IS NOT A PARTICIPANT.

(C)    APPLICATION TO COMPANY EMPLOYEES AND AGENTS.