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PARRIS N. GLENDENING, Governor Ch. 100
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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. IDENTIFIES THE INDIVIDUAL BELIEVED TO BE
COMMITTING THE OFFENSE AND WHOSE COMMUNICATIONS ARE TO BE
INTERCEPTED;
4. MAKES A SHOWING THAT THERE IS PROBABLE CAUSE TO
BELIEVE THAT THE INDIVIDUAL'S ACTIONS COULD HAVE THE EFFECT OF
THWARTING INTERCEPTION FROM A SPECIFIED FACILITY; AND
5. SPECIFIES THAT INTERCEPTION WILL BE LIMITED TO
TIMES WHERE IT IS REASONABLE TO PRESUME ANY PERIOD OF TIME WHEN THE
INVESTIGATIVE OR LAW ENFORCEMENT OFFICER HAS A REASONABLE,
ARTICULABLE BELIEF THAT THE INDIVIDUAL IDENTIFIED IN THE APPLICATION
WILL BE PROXIMATE TO THE COMMUNICATION DEVICE AND WILL BE USING THE
COMMUNICATION DEVICE THROUGH WHICH THE COMMUNICATION WILL BE
TRANSMITTED.
(c) (1) Upon the application the judge may enter an ex parte order, as
requested or as modified, authorizing interception of wire, oral, or electronic
communications within the territorial jurisdiction permitted under paragraphs (2)
and (3) of this subsection, if the judge determines on the basis of the facts submitted by
the applicant that:
(i) There is probable cause for belief that an individual is
committing, has committed, or is about to commit a particular offense enumerated in
§ 10-406 of this subtitle:
(ii) There is probable cause for belief that particular
communications concerning that offense will be obtained through the interception;
(iii) Normal investigative procedures have been tried and have failed
or reasonably appear to be unlikely to succeed if tried or to be too dangerous; and
(iv) There is probable cause for belief:
1. [that] THAT the facilities from which, or the place where,
the wire, oral, or electronic communications are to be intercepted are being used, or are
about to be used, in connection with the commission of the offense, or are leased to,
listed in the name of, or commonly used by this person IN ACCORDANCE WITH
SUBSECTION (A)(1) OF THIS SECTION; OR
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- 1279 -
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