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PARRIS N. GLENDENING, Governor
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Ch. 213
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(2) Are not admissible in a prosecution other than a prosecution for a
violation of § 21-902 of the Transportation Article, § 8-738 of the Natural Resources
Article, or [Article 27, § 388, § 388A, or § 388B of the Code] TITLE 2, SUBTITLE 5, §
2-209, OR § 3-211 OF THE CRIMINAL LAW ARTICLE.
10-309.
(a) (1) (ii) Evidence of a test or analysis provided for in this subtitle is not
admissible in a prosecution for a violation of § 16-113 or § 21-902 of the
Transportation Article, § 8-738 of the Natural Resources Article, or [Article 27, § 388,
§ 388A, or § 388B of the Code] TITLE 2, SUBTITLE 5, § 2-209, OR § 3-211 OF THE
CRIMINAL LAW ARTICLE if obtained contrary to the provisions of this subtitle.
(c) Nothing in this section precludes or limits the admissibility of evidence of
a test or analysis to determine the alcohol concentration of a person's blood or breath
in any prosecution other than for a violation of § 16-113 or § 21-902 of the
Transportation Article, § 8-738 of the Natural Resources Article, or [Article 27, § 388,
§ 388A, or § 388B of the Code] TITLE 2, SUBTITLE 5, § 2-209, OR § 3-211 OF THE
CRIMINAL LAW ARTICLE.
10-402.
(c) (2) (I) THIS PARAGRAPH APPLIES TO AN INTERCEPTION IN WHICH:
1. THE INVESTIGATIVE OR LAW ENFORCEMENT OFFICER OR
OTHER PERSON IS A PARTY TO THE COMMUNICATION; OR
2. ONE OF THE PARTIES TO THE COMMUNICATION HAS
GIVEN PRIOR CONSENT TO THE INTERCEPTION.
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(II) It is lawful under this subtitle for an investigative or law
enforcement officer acting in a criminal investigation or any other person acting at
the prior direction and under the supervision of an investigative or law enforcement
officer to intercept a wire, oral, or electronic communication in order to provide
evidence:
(I) 1. [of] OF the commission of:
1. A [the offenses of murder, kidnapping, rape, a sexual
offense in the first or second degree, child abuse, child pornography, as defined under
Article 27, §§ 419A and 419B of the Code, gambling, robbery under Article 27, § 486 or
§ 487 of the Code, any felony punishable under the "Arson and Burning" subheading
of Article 27, bribery, extortion, or dealing in controlled dangerous substances,
including violations of Article 27, § 286B or § 287A, fraudulent] MURDER;
2. B. KIDNAPPING;
3. C. RAPE;
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4. D. A SEXUAL OFFENSE IN THE FIRST OR SECOND
DEGREE;
5. E. CHILD ABUSE;
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- 1803 -
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