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PARRIS N. GLENDENING, Governor S.B. 639
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10-401.
As used in this subtitle, the following terms have the meanings indicated:
(1) [(i)] "Wire communication" means any aural transfer made in whole
or in part through the use of facilities for the transmission of communications by the
aid of wire, cable, or other like connection between the point of origin and the point of
reception (including the use of a connection in a switching station) furnished or
operated by any person licensed to engage in providing or operating such facilities for
the transmission of communications.
[(ii) "Wire communication" includes any electronic storage of a
communication described in this paragraph.
(iii) "Wire communication" does not include the radio portion of a
cordless telephone communication that is transmitted between the cordless telephone
handset and the base unit.]
(8) "Judge of competent jurisdiction" means a judge of [a] ANY circuit
court WITHIN THE STATE HAVING JURISDICTION OVER THE OFFENSE UNDER
INVESTIGATION.
(13) "Electronic communications system" means any wire, radio,
electromagnetic, photooptical, or photoelectronic facilities for the transmission of
WIRE OR electronic communications, and any computer facilities or related electronic
equipment for the electronic storage of electronic communications.
10-402.
(e) (2) 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:
(I) 1.—[in] IN order to provide evidence of the commission of the
FOLLOWING offenses [of murder, kidnapping, rape, a sexual offense in the first or
second degree, child abuse, child pornography, as defined under Article 27, 410A
and 410B of the Code, gambling, robbery under Article 27, § 186 or § 187 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 insurance acts, as defined in Title 27,
Subtitle 4 of the Insurance Article, offenses relating to destructive devices under
Article 27, § 139C of the Code, or any conspiracy or solicitation to commit any of these
offenses , or ]:
A. MURDER;
B. KIDNAPPING;
C. RAPE;
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D. A SEXUAL OFFENSE IN THE FIRST OR SECOND DEGREE;
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- 4751 -
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