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Session Laws, 1988
Volume 770, Page 4147   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 607

(2)  THE APPLICANT SHALL SERVE A COPY OF THE MOTION OR
APPLICATION ON THE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER IN
ACCORDANCE WITH THE MARYLAND RULES.

(3)  (I) IF THE COURT FINDS THAT THE APPLICANT HAS
COMPLIED WITH PARAGRAPHS (1) AND (2) OF THIS SUBSECTION, THE
COURT SHALL ORDER THE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER TO
FILE A SWORN RESPONSE, WHICH MAY BE FILED IN CAMERA IF THE
INVESTIGATIVE OR LAW ENFORCEMENT OFFICER INCLUDES IN THE RESPONSE
THE REASONS WHICH MAKE AN IN CAMERA REVIEW APPROPRIATE.

(II)  IF THE COURT IS UNABLE TO DETERMINE THE
MOTION OR APPLICATION ON THE BASIS OF THE PARTIES' INITIAL
ALLEGATIONS AND RESPONSE, THE COURT MAY CONDUCT ADDITIONAL
PROCEEDINGS AS IT DEEMS APPROPRIATE.

(III)  ALL SUCH PROCEEDINGS SHALL BE COMPLETED
AND THE MOTION OR APPLICATION DECIDED AS SOON AS PRACTICABLE
AFTER THE FILING OF THE INVESTIGATIVE OR LAW ENFORCEMENT
OFFICER'S RESPONSE.

(4)  (I) IF THE COURT FINDS THAT THE APPLICANT IS NOT
THE SUBSCRIBER OR CUSTOMER FOR WHOM THE COMMUNICATIONS SOUGHT BY
THE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER ARE MAINTAINED, OR
THAT THERE IS A REASON TO BELIEVE THAT THE LAW ENFORCEMENT
INQUIRY IS LEGITIMATE AND THAT THE COMMUNICATIONS SOUGHT ARE
RELEVANT TO THAT INQUIRY, THE COURT SHALL DENY THE MOTION OR
APPLICATION AND ORDER THE SUBPOENA OR COURT ORDER TO BE ENFORCED.

(II) IF THE COURT FINDS THAT THE APPLICANT IS
THE SUBSCRIBER OR CUSTOMER FOR WHOM THE COMMUNICATIONS SOUGHT BY
THE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER ARE MAINTAINED, AND
THAT THERE IS NO REASON TO BELIEVE THAT THE COMMUNICATIONS SOUGHT
ARE RELEVANT TO A LEGITIMATE LAW ENFORCEMENT INQUIRY, OR THAT
THERE HAS NOT BEEN SUBSTANTIAL COMPLIANCE WITH THE PROVISIONS OF
THIS SUBTITLE, THE COURT SHALL ORDER THE SUBPOENA TO BE QUASHED
OR THE COURT ORDER TO BE VACATED.

(5)  A COURT ORDER DENYING A MOTION OR APPLICATION
UNDER THIS SUBSECTION IS NOT A FINAL ORDER AND NO INTERLOCUTORY
APPEAL MAY BE TAKEN BY THE CUSTOMER.

10-4A-06.

(A) (1) IN THIS SUBSECTION SECTION, THE FOLLOWING WORDS
HAVE THE MEANINGS INDICATED.

(2) "SUPERVISORY OFFICIAL" MEANS:

(I) THE SUPERINTENDENT OR DEPUTY SUPERINTENDENT
OF THE MARYLAND STATE POLICE;

- 4147 -

 

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Session Laws, 1988
Volume 770, Page 4147   View pdf image
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