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Session Laws, 1988
Volume 770, Page 4127   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 607

(ii) 1. It is lawful under this subtitle for
[an officer, employee, or agent of any communication common
carrier] A PROVIDER OF WIRE OR ELECTRONIC COMMUNICATION SERVICE,
ITS OFFICERS, EMPLOYEES, AND AGENTS, LANDLORDS, CUSTODIANS OR
OTHER PERSONS to provide information, facilities, or technical
assistance to [an investigative or law enforcement officer who,
pursuant to this subtitle, is authorized to intercept a wire or
oral communication] PERSONS AUTHORIZED BY FEDERAL OR STATE LAW TO
INTERCEPT WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS OR TO CONDUCT
ELECTRONIC SURVEILLANCE, IF THE PROVIDER, ITS OFFICERS,
EMPLOYEES, OR AGENTS, LANDLORD, CUSTODIAN, OR OTHER SPECIFIED
PERSON HAS BEEN PROVIDED WITH A COURT ORDER SIGNED BY THE
AUTHORIZING JUDGE DIRECTING THE PROVISION OF INFORMATION,
FACILITIES, OR TECHNICAL ASSISTANCE.

2. THE ORDER SHALL SET FORTH THE PERIOD
OF TIME DURING WHICH THE PROVISION OF THE INFORMATION,
FACILITIES, OR TECHNICAL ASSISTANCE IS AUTHORIZED AND SPECIFY THE
INFORMATION, FACILITIES, OR TECHNICAL ASSISTANCE REQUIRED. A
PROVIDER OF WIRE OR ELECTRONIC COMMUNICATION SERVICE, ITS
OFFICERS, EMPLOYEES, OR AGENTS, OR LANDLORD, CUSTODIAN, OR OTHER
SPECIFIED PERSON MAY NOT DISCLOSE THE EXISTENCE OF ANY
INTERCEPTION OR SURVEILLANCE OR THE DEVICE USED TO ACCOMPLISH THE
INTERCEPTION OR SURVEILLANCE WITH RESPECT TO WHICH THE PERSON HAS
BEEN FURNISHED AN ORDER UNDER THIS SUBPARAGRAPH, EXCEPT AS MAY
OTHERWISE BE REQUIRED BY LEGAL PROCESS AND THEN ONLY AFTER PRIOR
NOTIFICATION TO THE AUTHORIZING STATE OFFICIAL THE JUDGE WHO
GRANTED THE ORDER, IF APPROPRIATE, OR THE PRINCIPAL PROSECUTING

ATTORNEY OF THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE,
AS MAY BE APPROPRIATE THE STATE'S ATTORNEY OF THE COUNTY WHERE
THE SERVICE DEVICE WAS USED. ANY SUCH DISCLOSURE, SHALL RENDER
THE PERSON LIABLE FOR THE CIVIL DAMAGES PROVIDED FOR IN § 10-410
COMPENSATORY DAMAGES. NO CAUSE OF ACTION SHALL LIE IN ANY COURT
AGAINST ANY PROVIDER OF WIRE OR ELECTRONIC COMMUNICATION SERVICE,
ITS OFFICERS, EMPLOYEES, OR AGENTS, LANDLORD, CUSTODIAN, OR OTHER
SPECIFIED PERSON FOR PROVIDING INFORMATION, FACILITIES, OR
ASSISTANCE IN ACCORDANCE WITH THE TERMS OF A COURT ORDER UNDER
THIS SUBTITLE.

(2) It is lawful under this subtitle for an
investigative or law enforcement officer acting in a criminal
investigation or any other person acting at the prior direction
and under the supervision of an investigative or law enforcement
officer to intercept a wire [or], oral, OR ELECTRONIC
communication in order to provide evidence of the commission of
[the offenses of murder, kidnapping, gambling, robbery, any
felony punishable under the "Arson and Burning" subheading of
Article 27, bribery, extortion, or dealing in controlled
dangerous substances, including violations of Article 27, § 286B
or § 287A, or any conspiracy or solicitation to commit any of
these offenses] A CRIMINAL OFFENSE, or where any person has
created a barricade situation and probable cause exists for the
investigative or law enforcement officer to believe a hostage or

- 4127 -

 

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Session Laws, 1988
Volume 770, Page 4127   View pdf image
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