WILLIAM DONALD SCHAEFER, Governor Ch. 607

(i) The communication was unlawfully
intercepted;

(ii) The order of authorization under which it
was intercepted is insufficient on its face, or was not obtained
or issued in strict compliance with this subtitle; or

(iii) The interception was not made in
conformity with the order of authorization.

(2)  This motion may be made before or during the
trial, hearing, or proceeding. If the motion is granted, the
contents of the intercepted wire [or], oral, OR ELECTRONIC
communication, or evidence derived therefrom, shall be treated as
having been obtained in violation of this subtitle. The judge,
upon the filing of the motion by the aggrieved person, in his
discretion may make available to the aggrieved person or his
counsel for inspection such portions of the intercepted
communication or evidence derived therefrom as the judge
determines to be in the interests of justice.

(3)  In addition to any other right to appeal, the
State shall have the right to appeal from the denial of an
application for an order of approval, if the prosecuting attorney
shall certify to the judge or other official denying the
application that the appeal is not taken for purposes of delay.
The appeal shall be taken within 30 days after the date the order
was entered and shall be diligently prosecuted.

(J) THE REMEDIES AND SANCTIONS DESCRIBED IN THIS SUBTITLE
WITH RESPECT TO THE INTERCEPTION OF ELECTRONIC COMMUNICATIONS ARE
THE ONLY JUDICIAL REMEDIES AND SANCTIONS FOR NONCONSTITUTIONAL
VIOLATIONS OF THIS SUBTITLE INVOLVING ELECTRONIC COMMUNICATIONS.

10-410.

(a) Any person whose wire [or], oral, OR ELECTRONIC
communication is intercepted, disclosed, or used in violation of
this subtitle shall have a civil cause of action against any
person who intercepts, discloses, or uses, or procures any other
person to intercept, disclose, or use the communications, and be
entitled to recover from any person:

(1)  Actual damages but not less than liquidated
damages computed at the rate of $100 a day for each day of
violation or $1,000, whichever is higher;

(2)  Punitive damages; and

(3)  A reasonable attorney's fee and other litigation
costs reasonably incurred.

- 4139 -