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MARVIN MANDEL, Governor 2815
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(I) (1) ANY AGGRIEVED PERSON IN ANY TRIAL,
HEARING, OR PROCEEDING IN OF BEFORE ANY COURT,
DEPARTMENT, OFFICER, AGENCY, REGULATORY BODY, OR OTHER
AUTHORITY OF THIS STATE OR A POLITICAL SUBDIVISION
THEREOF, MAY MOVE TO SUPPRESS THE CONTENTS OF ANY
INTERCEPTED WIRE OR ORAL COMMUNICATION, OR EVIDENCE
DERIVED THEREFROM, ON THE GROUNDS THAT:
(I) THE COMMUNICATION WAS UNLAWFULLY
INTERCEPTED;
(II) THE ORDER OF AUTHORIZATION UNDER
WHICH IT WAS INTERCEPTED IS INSUFFICIENT ON ITS FACE; OR
, OR WAS NOT OBTAINED OR ISSUED IN STRICT, COMPLIANCE WITH
THIS SUBTITLE; OR
(III) THE INTERCEPTION WAS NOT MADE IN
CONFORMITY WITH THE ORDER OF AUTHORIZATION.
(2) THIS MOTION SHALL MAY BE MADE BEFORE OR
DURING THE TRIAL, HEARING, OR PROCEEDING UNLESS THERE WAS
NO OPPORTUNITY TO MAKE IT OR THE PERSON WAS NOT AWARE OF
THE GROUNDS OF THE MOTION. IF THE MOTION IS GRANTED, THE
CONTENTS OF THE INTERCEPTED WIRE OR ORAL COMMUNICATION,
OR EVIDENCE DERIVED THEREFROM, SHALL BE TREATED AS HAVING
BEEN OBTAINED IN VIOLATION OF THIS SUBTITLE. THE JUDGE,
UPON THE FILING OF THE MOTION BY THE AGGRIEVED PERSON, IN
HIS DISCRETION MAY MAKE AVAILABLE TO THE AGGRIEVED PERSON
OR HIS COUNSEL FOR INSPECTION SUCH PORTIONS OF THE
INTERCEPTED COMMUNICATION OF EVIDENCE DERIVED THEREFROM
AS THE JUDGE DETERMINES TO BE IN THE INTERESTS OF
JUSTICE.
(3) IN ADDITION TO ANY OTHER RIGHT TO
APPEAL, THE STATE SHALL HAVE THE RIGHT TO APPEAL FROM AN
ORDER GRANTING A MOTION TO SUPPRESS MADE UNDER PARAGRAPHS
(1) AND (2) OF THIS SUBSECTION, OF THE DENIAL OF AN
APPLICATION FOR AN ORDER OF APPROVAL, IF THE PROSECUTING
ATTORNEY SHALL CERTIFY TO THE JUDGE OR OTHER OFFICIAL
GRANTING THE MOTION OR DENYING THE APPLICATION THAT THE
APPEAL IS NOT TAKEN FOR PURPOSES OF DELAY. THE APPEAL
SHALL BE TAKEN WITHIN 30 DAYS AFTER THE DATE THE ORDER
WAS ENTERED AND SHALL BE DILIGENTLY PROSECUTED.
10-409.
(A) WITHIN 30 DAYS AFTER THE EXPIRATION OF AN
ORDER (OR EACH EXTENSION THEREOF) ENTERED UNDER SECTION
10-408 OF THIS SUBTITLE, THE ISSUING JUDGE SHALL REPORT
TO THE ADMINISTRATIVE OFFICE OF THE COURTS;
(1) THE FACT THAT AN ORDER OR EXTENSION WAS
APPLIED FOR;
(2) THE KIND OF ORDER OR EXTENSION APPLIED
FOR;
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(3) THE FACT THAT THE ORDER OR EXTENSION WAS
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