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Session Laws, 1985
Volume 760, Page 2607   View pdf image
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HARRY HUGHES, Governor

2607

(g) (1) The contents of any wire or oral communication
intercepted by any means authorized by this subtitle, if
possible, shall be recorded on tape or wire or other comparable
device. The recording of the contents of any wire or oral
communication under this subsection shall be done in the way as
will protect the recording from editing or other alterations.
Immediately upon the expiration of the period of the order, or
extensions thereof, such recordings shall be made available to
the judge issuing such order and sealed under his directions.
Custody of the recordings shall be wherever the judge orders.
They may not be destroyed except upon an order of the issuing or
denying judge and in any event shall be kept for ten years.
Duplicate recordings may be made for use or disclosure pursuant
to the provisions of subsections (a) and (b) of § 10-407 of this
subtitle for investigations. The presence of the seal provided
for by this subsection, or a satisfactory explanation for the
absence thereof, shall be a prerequisite for the use or
disclosure of the contents of any wire or oral communication or
evidence derived therefrom under subsection (c) of § 10-407 of
this subtitle.

(2)  Applications made and orders granted under this
subtitle shall be sealed by the judge. Custody of the
applications and orders shall be wherever the judge directs. The
applications and orders shall be disclosed only upon a showing of
good cause before a judge of competent jurisdiction and shall not
be destroyed except on order of the issuing or denying judge, and
in any event shall be kept for ten years.

(3)  Any violation of the provisions of this
subsection may be punished as contempt of the issuing or denying
judge.

(4)  Within a reasonable time but not later than 90
days after the termination of the period of an order or
extensions thereof, the issuing judge shall cause to be served,
on the persons named in the order, and the other parties to
intercepted communications as the judge may determine in his
discretion that is in the interest of justice, an inventory which
shall include notice of:

(i) The fact of the entry of the order;

(ii) The date of the entry and the period of
authorized interception; and

(iii) The fact that during the period wire or
oral communications were or were not intercepted.

The judge, upon the filing of a motion, shall make available
to the person or his counsel for inspection portions of the
intercepted communications, applications and orders pertaining to
that person and the alleged crime.

 

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Session Laws, 1985
Volume 760, Page 2607   View pdf image
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