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PARRIS N. GLENDENING, Governor
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S.B. 639
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(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
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 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
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;
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- 4755 -
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