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2803
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MARVIN MANDEL, Governor
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Proceedings, of the Annotated Code of Maryland (1974
Volume and 1976 Supplement) be and they are hereby
repealed:
Article — Courts and Judicial Proceedings
[10-401.
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.]
[10-402.
(a) 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) 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) The prohibition of this section does not apply
to any officer, employee, or agent of a telephone or
telegraph company who performs an act prohibited in this
subtitle for the purpose of construction, maintenance, or
conduct of the company's telephonic or telegraphic
communications service, facilities, or equipment.]
[10-403.
(a) An ex parte order for the interception of
telephonic and telegraphic communications may be issued
by a judge of a circuit court, the Supreme Bench of
Baltimore City, or the District Court upon the verified
application of the Attorney General or a State's Attorney
setting forth fully the facts and circumstances upon
which the application is cased and stating that:
(1) There are reasonable grounds to believe
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