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Session Laws, 1988
Volume 770, Page 4137   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 607

INTERCEPTION PERIOD, MINIMIZATION MAY BE ACCOMPLISHED AS SOON AS
PRACTICABLE AFTER THE INTERCEPTION. AN INTERCEPTION UNDER THIS
SUBTITLE MAY BE CONDUCTED IN WHOLE OR IN PART BY FEDERAL, STATE,
OR LOCAL GOVERNMENT PERSONNEL, OR BY AN INDIVIDUAL OPERATING
UNDER A CONTRACT WITH THE STATE OR A POLITICAL SUBDIVISION OF THE
STATE, ACTING UNDER THE SUPERVISION OF AN INVESTIGATIVE OR LAW
ENFORCEMENT OFFICER AUTHORIZED TO CONDUCT THE INTERCEPTION.

(f)  Whenever an order authorizing interception is entered
pursuant to this subtitle, the order shall require reports to be
made to the judge who issued the order showing what progress has
been made toward achievement of the authorized objective and the
need for continued interception. The reports shall be made at
the intervals the judge requires.

(g)  (1) The contents of any wire [or], oral, OR ELECTRONIC
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, OR ELECTRONIC 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, OR ELECTRONIC 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] 10 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

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Session Laws, 1988
Volume 770, Page 4137   View pdf image
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