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Session Laws, 1977
Volume 735, Page 2800   View pdf image
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2800                                        LAWS OF MARYLAND                              Ch. 692 knowledge or consent, expressed or implied, of that other
person. (b)    However, if it shall appear to a duly
authorized public law enforcement officer of this State
that a crime has been, or is being, or is about to be
committed, and that the use of such electronic devices
are required to prevent the commission of the said crime,
or to apprehend the persons who shall have committed it,
then the law enforcement officer or officers shall submit
to the State's attorney of the county or of Baltimore
City the evidence upon which the said law enforcement
officer bases his contention that an ex parte order
authorizing the use of the said electronic devices is
necessary; and if it shall appear to the said State's
attorney that there are reasonable grounds to believe
that a crime has been committed or is being committed or
may be committed then the said State's attorney shall
apply to any of the judges of the circuit court of the
county or of the Supreme Bench of Baltimore City, by
means of a former ex parte petition for the issuance of
an order authorizing the use of the said electronic
devices or equipment, and shall make oath or affirm in
the said petition that there is probable cause to believe
that a crime may be, or is being, or has been committed
and shall state the facts upon which said probable cause
is based, and further, that the use of the said
electronic devices or equipment is necessary in order to
prevent the commission of, or to secure evidence of the
commission of such crime. In such case the affiant
shall identify, with reasonable particularity, the device
or devices to be used, the place or places where they are
to be used, the person or persons whose conversation is
to be intercepted, the crime or crimes which are
suspected to have been, or about to be committed, and
that the evidence thus obtained will be used solely in
connection with an investigation or prosecution of the
said crimes before any such ex parte order shall be
issued. The applicant must state whether any prior
application has been made in the same matter and if such
prior application exists the applicant shall disclose the
present status thereof. (c)    The judge of the circuit court of the county
or of the Supreme Bench of Baltimore City shall satisfy
himself that the facts stated in the petition indicate
that there is probable cause for the issuance of the said
order. Such ex parte order shall be effective for the
time specified in the order, but for not more than thirty
days unless extended or renewed by the judge, upon proper
petition meeting the same requirements as the original
petition. Any ex parte order so issued shall be
retained by the applicant as authority for the use of the
electronic device or equipment therein set out and the
interception of the conversation sought to be
intercepted. A true copy of such order, together with
any exhibits submitted with the petition shall be sealed
and filed with the clerk of the court in which the order


 
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Session Laws, 1977
Volume 735, Page 2800   View pdf image
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