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ROBERT L. EHRLICH, JR., Governor Ch. 300
where all of the parties to the communication have given prior consent to the
interception unless the communication is intercepted for the purpose of committing
any criminal or tortious act in violation of the Constitution or laws of the United
States or of this State.
(4) (i) It is lawful under this subtitle for a law enforcement officer in
the course of the officer's regular duty to intercept an oral communication if:
1. The law enforcement officer initially lawfully detained a
vehicle during a criminal investigation or for a traffic violation;
2. The law enforcement officer is a party to the oral
communication;
3. The law enforcement officer has been identified as a law
enforcement officer to the other parties to the oral communication prior to any
interception;
4. The law enforcement officer informs all other parties to
the communication of the interception at the beginning of the communication; and
5. The oral interception is being made as part of a video tape
recording.
(ii) If all of the requirements of subparagraph (i) of this paragraph
are met, an interception is lawful even if a person becomes a party to the
communication following:
1. The identification required under subparagraph (i)3 of
this paragraph; or
2. The informing of the parties required under subparagraph
(i)4 of this paragraph.
(5) It is lawful under this subtitle for an officer, employee, or agent of a
governmental emergency communications center to intercept a wire, oral, or
electronic communication where the officer, agent, or employee is a party to a
conversation concerning an emergency.
(6) (i) It is lawful under this subtitle for law enforcement personnel to
utilize body wires to intercept oral communications in the course of a criminal
investigation if there is reasonable cause to believe that a law enforcement officer's
safety may be in jeopardy.
(ii) Communications intercepted under this paragraph may not be
recorded, and may not be used against the defendant in a criminal proceeding.
(7) It is lawful under this subtitle for a person:
(i) To intercept or access an electronic communication made
through an electronic communication system that is configured so that the electronic
communication is readily accessible to the general public;
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