|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 100
|
|
|
|
|
|
2002 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2. THAT THE ACTIONS OF THE INDIVIDUAL WHOSE
COMMUNICATIONS ARE TO BE INTERCEPTED COULD HAVE THE EFFECT OF
THWARTING AN INTERCEPTION FROM A SPECIFIED FACILITY IN ACCORDANCE WITH
SUBSECTION (A)(2) OF THIS SECTION
(2) Except as provided in [paragraph (3)] PARAGRAPHS (3) AND (4) of this
subsection, an ex parte order issued under paragraph (I) of this subsection may
authorize the interception of wire, oral, or electronic communications only within the
territorial jurisdiction of the court in which the application was filed.
(e) (3) If an application for an ex parte order is made by the Attorney
General, the State Prosecutor, or a State's Attorney, an order issued under paragraph
(1) of this subsection may authorize the interception of communications received or
sent by a [mobile telephone or a paging device] COMMUNICATION DEVICE anywhere
within the State so as to permit the interception of the communications regardless of
whether the [mobile telephone or paging device] COMMUNICATION DEVICE is
physically located within the jurisdiction of the court in which the application was
filed at the time of the interception. The application must allege that the offense
being investigated may transpire in the jurisdiction of the court in which the
application is filed.
(4) IN ACCORDANCE WITH THIS SUBSECTION, A JUDGE OF COMPETENT
JURISDICTION MAY AUTHORIZE CONTINUED INTERCEPTION WITHIN THE STATE,
BOTH WITHIN AND OUTSIDE THE JUDGE'S JURISDICTION, IF THE ORIGINAL
INTERCEPTION OCCURRED WITHIN THE JUDGE'S JURISDICTION.
(d) (1) Each order authorizing the interception of any wire, oral, or electronic
communication shall specify:
(i) The identity of the person, if known OR REQUIRED UNDER
SUBSECTION (A)(2) OF THIS SECTION, whose communications are to be intercepted;
(ii) The nature and location of the communications facilities as to
which, or the place where, authority to intercept is granted, IF KNOWN;
(iii) A particular description of the type of communication sought to
be intercepted, and a statement of the particular offense to which it relates;
(iv) The identity of the agency authorized to intercept the
communications, and of the person authorizing the application; and
(v) The period of time during which the interception is authorized,
including a statement as to whether or not the interception shall automatically
terminate when the described communication has been first obtained.
10-4A-04.
(a) (1) An investigative or law enforcement officer may require a provider of
WIRE OR electronic communication service to disclose the contents of [an] WIRE OR
electronic communication that is in electronic storage in [an] WIRE OR electronic
communications system for 180 days or less, only in accordance with a search warrant
issued by a court of competent jurisdiction.
|
|
|
|
|
|
|
|
|
|
- 1280 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
