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Ch. 100
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2002 LAWS OF MARYLAND
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type of communication has been first obtained, a particular description of facts
establishing probable cause to believe additional communications of the same type
will occur thereafter;
[(5)] (V) A full and complete statement of the facts concerning all
previous applications known to the individual authorizing and making the
application, made to any judge for authorization to intercept wire, oral, or electronic
communications involving any of the same persons, facilities or places specified in the
application, and the action taken by the judge on each application; and
[(6)] (VI) Where the application is for the extension of an order, a
statement setting forth the results thus far obtained from the interception, or a
reasonable explanation of the failure to obtain the results.
(2) THE NATURE AND LOCATION OF THE FACILITIES FROM WHICH OR
THE PLACE WHERE THE COMMUNICATION IS TO BE INTERCEPTED IS NOT REQUIRED
IF THE APPLICATION INCLUDES:
(I) DETAILS AS TO HOW AND WHY PROVIDING THIS INFORMATION
IS NOT PRACTICAL;
(II) A SHOWING THAT THERE IS PROBABLE CAUSE TO BELIEVE
THAT THE ACTIONS OF THE PERSON WHOSE COMMUNICATIONS ARE TO BE
INTERCEPTED COULD HAVE THE EFFECT OF THWARTING AN INTERCEPTION FROM A
SPECIFIED FACILITY OR THAT THE PERSON HAS MOVED OR IS LIKELY TO MOVE TO
ANOTHER JUDICIAL CIRCUIT WITHIN THE STATE; AND
(III) THE IDENTITY OF THE PERSON COMMITTING THE OFFENSE
AND WHOSE COMMUNICATIONS ARE TO BE INTERCEPTED.
(2) (I) IN THE CASE OF AN APPLICATION AUTHORIZING THE
INTERCEPTION OF AN ORAL COMMUNICATION, A PARTICULAR DESCRIPTION OF THE
NATURE AND LOCATION OF THE FACILITIES FROM WHICH OR THE PLACE WHERE
THE COMMUNICATION IS TO BE INTERCEPTED IS NOT REQUIRED IF THE
APPLICATION:
1. IS BY AN INVESTIGATIVE OR LAW ENFORCEMENT
OFFICER;
2. IS APPROVED BY THE ATTORNEY GENERAL, THE STATE
PROSECUTOR, OR A STATE'S ATTORNEY;
3. CONTAINS A FULL AND COMPLETE STATEMENT AS TO
WHY THE DESCRIPTION SPECIFICATION OF THE NATURE AND LOCATION OF THE
FACILITIES FROM WHICH OR THE PLACE WHERE THE COMMUNICATION IS TO BE
INTERCEPTED IS NOT PRACTICAL; AND
4. IDENTIFIES THE INDIVIDUAL COMMITTING THE OFFENSE
AND WHOSE COMMUNICATIONS ARE TO BE INTERCEPTED.
(II) IN THE CASE OF AN APPLICATION AUTHORIZING THE
INTERCEPTION OF A WIRE OR ELECTRONIC COMMUNICATION, A PARTICULAR
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- 1278 -
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