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PARRIS N. GLENDENING, Governor
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S.B. 639
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(2) The person owning or leasing the line to which the pen register or a
trap and trace device is attached OR APPLIED, or who [has been ordered by the court]
IS OBLIGATED BY THE ORDER to provide assistance to the applicant, not disclose the
existence of the pen register or trap and trace device or the existence of the
investigation to the listed subscriber, or to any other person, unless or until otherwise
ordered by the court.
Article—Criminal Procedure
1-203.
(e) (1) This subsection applies to criminal investigations conducted by a law
enforcement unit, grand jury, or State's Attorney under Article 10, § 39A of the Code
into alleged criminal activities in violation of:
(i) Article 27, § 286, § 286A, § 286B, § 286C, § 387, or § 287A of the
Code, relating to controlled dangerous substances;
(ii) Article 27, § 407, § 408, § 409, § 410, or § 411 of the Code,
relating to murder; [or]
(iii) Article 27, § 419A or § 419B of the Code, relating to
pornography; OR
(IV) §§ 3-1002 THROUGH 3-1004 OF THE CRIMINAL LAW ARTICLE,
RELATING TO TERRORISM.
(2) (I) Notwithstanding any provision of the Maryland Rules, a circuit
court judge or District Court judge, on a finding of good cause, may order that an
affidavit presented in support of a search and seizure warrant be sealed for a period
not exceeding 30 days.
(II) IF AN AFFIDAVIT IS SEALED UNDER PARAGRAPH (1)(IV) OF THIS
SUBSECTION, A CIRCUIT COURT JUDGE OR DISTRICT COURT JUDGE, ON A FINDING
OF GOOD CAUSE, MAY ORDER THE AFFIDAVIT PRESENTED IN SUPPORT OF A SEARCH
AND SEIZURE WARRANT BE SEALED FOR ADDITIONAL 30 DAY PERIODS, NOT TO
EXCEED 1 YEAR.
(3) A finding of good cause required by paragraph (2) of this subsection is
established by evidence that:
(i) the criminal investigation to which the affidavit is related is of
a continuing nature and likely to yield further information that could be of use in
prosecuting alleged criminal activities; and
(ii) the failure to maintain the confidentiality of the investigation
would:
1. jeopardize the use of information already obtained in the
investigation;
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2. impair the continuation of the investigation; or
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- 4761 -
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