|
|
|
|
|
|
|
|
|
|
|
2612 LAWS OF MARYLAND Ch. 692
|
|
|
|
|
|
|
IS SITTING, IF THE JUDGE DETERMINES ON THE BASIS OF THE
FACTS SUBMITTED BY THE APPLICANT THAT:
(1) THERE IS PROBABLE CAUSE FOR BELIEF THAT
AN INDIVIDUAL IS COMMITTING, HAS COMMITTED, OR IS ABOUT
TO COMMIT A PARTICULAR OFFENSE ENUMERATED IN SECTION
10-406 OF THIS SUBTITLE.
(2) THERE IS PROBABLE CAUSE FOR BELIEF THAT
PARTICULAR COMMUNICATIONS CONCERNING THAT OFFENSE WILL BE
OBTAINED THROUGH THE INTERCEPTION;
(3) NORMAL INVESTIGATIVE PROCEDURES HAVE
BEEN TRIED AND HAVE FAILED OR REASONABLY APPEAR TO BE
UNLIKELY TO SUCCEED IF TRIED OR TO BE TOO DANGEROUS;
(4) THERE IS PROBABLE CAUSE FOR BELIEF THAT
THE FACILITIES FROM WHICH, OR THE PLACE WHERE, THE WIRE
OR ORAL COMMUNICATIONS ARE TO BE INTERCEPTED ARE BEING
USED, OR ARE ABOUT TO BE USED, IN CONNECTION WITH THE
COMMISSION OF THE OFFENSE, OR ARE LEASED TO, LISTED IN
THE NAME OF, OR COMMONLY USED BY THIS PERSON.
(D) (1) EACH ORDER AUTHORIZING THE INTERCEPTION
OF ANY WIRE OR ORAL COMMUNICATION SHALL SPECIFY:
(I) THE IDENTITY OF THE PERSON, IF
KNOWN, WHOSE COMMUNICATIONS ARE TO BE INTERCEPTED;
(II) THE NATURE AND LOCATION OF THE
COMMUNICATIONS FACILITIES AS TO WHICH, OR THE PLACE
WHERE, AUTHORITY TO INTERCEPT IS GRANTED;
(III) A PARTICULAR DESCRIPTION OF THE
TYPE OF COMMUNICATION SOUGHT TO BE INTERCEPTED, AND A
STATEMENT OF THE PARTICULAR OFFENSE TO WHICH IT RELATES;
(IV) THE IDENTITY OF THE AGENCY
AUTHORIZED TO INTERCEPT THE COMMUNICATIONS, AND OF THE
PERSON AUTHORIZING THE APPLICATION; AND
(V) THE PERIOD OF TIME DURING WHICH
THE INTERCEPTION IS AUTHORIZED, INCLUDING A STATEMENT AS
TO WHETHER OR NOT THE INTERCEPTION SHALL AUTOMATICALLY
TERMINATE WHEN THE DESCRIBED COMMUNICATION HAS BEEN FIRST
OBTAINED.
(2) AN ORDER AUTHORIZING THE INTERCEPTION OF
A WIRE OR ORAL COMMUNICATION, UPON REQUEST OF THE
APPLICANT, SHALL DIRECT THAT A COMMUNICATION COMMON
CARRIER, LANDLORD, CUSTODIAN OR OTHER PERSON FURNISH THE
APPLICANT FORTHWITH ALL INFORMATION, FACILITIES, AND
TECHNICAL ASSISTANCE NECESSARY TO ACCOMPLISH THE
INTERCEPTION UNOBTRUSIVELY AND WITH A MINIMUM OF
INTERFERENCE WITH THE SERVICES THAT THE CARRIER,
LANDLORD, CUSTODIAN, OR PERSON IS ACCORDING THE PERSON
WHOSE COMMUNICATIONS ARE TO BE INTERCEPTED. ANY
COMMUNICATION COMMON CARRIER, LANDLORD, CUSTODIAN OR
|
|
|
|
|
|
|
|
|
|
|
|
|
![clear space](../../../images/clear.gif) |