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Home » US Law » 2022 Maryland Statutes » Courts and Judicial Proceedings » Title 10 - Evidence » Subtitle 4 - Wiretapping and Electronic Surveillance

Section 10-401 – Definitions

    As used in this subtitle the following terms have the meanings indicated:         (1)    “Aggrieved person” means a person who was a party to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed.         (2)    “Aural transfer” means a transfer containing the human voice at any point between and including the point […]

Section 10-402 – Interception of Communications Generally; Divulging Contents of Communications; Violations of Subtitle

    (a)    Except as otherwise specifically provided in this subtitle it is unlawful for any person to:         (1)    Willfully intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication;         (2)    Willfully disclose, or endeavor to disclose, to any other person the contents of any wire, oral, or electronic […]

Section 10-403 – Manufacture, Possession, or Sale of Intercepting Device

    (a)    Except as otherwise specifically provided in this subtitle, any person who manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of the device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications, is guilty of a […]

Section 10-404 – Forfeiture of Device

    Any electronic, mechanical, or other device used, manufactured, assembled, possessed, or sold, in violation of § 10-402 or § 10-403 of this subtitle may be seized and forfeited to the Department of State Police.

Section 10-405 – Admissibility of Evidence

    (a)    Except as provided in subsection (b) of this section, whenever any wire, oral, or electronic communication has been intercepted, no part of the contents of the communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory […]

Section 10-406 – Attorney General, State Prosecutor or State’s Attorney May Apply for Order Authorizing Interception

    (a)    The Attorney General, State Prosecutor, or any State’s Attorney may apply to a judge of competent jurisdiction, and the judge, in accordance with the provisions of § 10–408 of this subtitle, may grant an order authorizing the interception of wire, oral, or electronic communications by investigative or law enforcement officers when the interception may provide […]

Section 10-407 – Lawful Disclosure or Use of Contents of Communication

    (a)    Any investigative or law enforcement officer who, by any means authorized by this subtitle, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose the contents to another investigative or law enforcement officer of any state, or any political subdivision of a state, the United States, […]

Section 10-408 – Ex Parte Order Authorizing Interception

    (a)    (1)    Each application for an order authorizing the interception of a wire, oral, or electronic communication shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the applicant’s authority to make the application. Each application shall include the following information:             (i)    The identity of the investigative or law enforcement […]

Section 10-410 – Civil Liability; Defense to Civil or Criminal Action

    (a)    Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this subtitle shall have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use the communications, and be entitled to recover from any person:         (1)    Actual damages […]

Section 10-411 – Registration of Intercepting Devices; Serial Number

    (a)    Law enforcement agencies in the State shall register with the Department of State Police all electronic, mechanical or other devices whose design renders them primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications which are owned by them or possessed by or in the control of the agency, their […]

Section 10-412 – Breaking and Entering, etc., to Place or Remove Equipment

    Any person who breaks and enters, enters under false pretenses, or trespasses, upon any premises with the intent to place, adjust or remove wiretapping or electronic surveillance or eavesdropping equipment without a court order is guilty of a felony and upon conviction may be imprisoned for not more than ten years.

Section 10-413 – Hostage and Barricade Situations

    (a)    The Secretary of State Police or the commander of the law enforcement agency of any political subdivision of this State may designate one or more law enforcement officers as a hostage and barricade communications specialist.     (b)    Each telephone company providing service to Maryland residents shall designate one or more individuals to provide liaison with law enforcement […]

Section 10-414 – Obstruction, Impediment, or Prevention of Interception

    (a)    A person who has knowledge that an investigative or law enforcement officer has been authorized or has applied for authorization under this subtitle to intercept wire, oral, or electronic communications, may not give notice or attempt to give notice of an authorized interception or pending application for authorization for interception to any other person in […]