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PARRIS N. GLENDENING, Governor
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S.B. 639
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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.
(2) An investigative or law enforcement officer may require a provider of
WIRE OR electronic communications services to disclose the contents of [an] WIRE OR
electronic communication that has been in electronic storage in an electronic
communications system for more than 180 days in accordance with the procedures
provided under subsection (b) of this section.
(b) (1) An investigative or law enforcement officer may require a provider of
remote computing service to disclose the contents of [an] WIRE OR electronic
communication to which this paragraph applies under paragraph (2) of this
subsection:
(i) Without notice to the subscriber or customer, if the officer
obtains a search warrant issued by a court of competent jurisdiction; or
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(ii) With prior notice from the officer to the subscriber or customer,
if the officer:
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- 4757 -
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