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ROBERT L. EHRLICH, JR., Governor H.B. 610
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;
(ii) To intercept any radio communication that is transmitted:
1. By any station for the use of the general public, or that
relates to ships, aircraft, vehicles, or persons in distress;
2. By any governmental, law enforcement, civil defense,
private land mobile, or public safety communications system, including police and
fire, readily accessible to the general public;
3. By a station operating on an authorized frequency within
the bands allocated to the amateur, citizens band, or general mobile radio services; or
4. By any marine or aeronautical communications system;
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- 4133 -
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