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§ 10-4A-06. Delay of notice of disclosure

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 10. Evidence (Refs & Annos)
Subtitle 4a. Stored Wire and Electronic Communications and Transactional Records Access (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 10-4A-06
§ 10-4A-06. Delay of notice of disclosure
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Adverse result” means:
(i) Endangering the life or physical safety of an individual;
(ii) Flight from prosecution;
(iii) Destruction of or tampering with evidence;
(iv) Intimidation of potential witnesses; or
(v) Otherwise seriously jeopardizing an investigation or unduly delaying a trial.
(3) “Supervisory official” means:
(i) The Secretary or Deputy Secretary of State Police;
(ii) The chief of police, deputy chief of police, or equivalent official of a law enforcement agency of any political subdivision of the State;
(iii) The Attorney General of the State or a Deputy Attorney General;
(iv) The State Prosecutor or Deputy State Prosecutor; or
(v) A State's Attorney or Deputy State's Attorney.
Requests for orders delaying notification
(b) An investigative or law enforcement officer acting under § 10-4A-04 of this subtitle may:
(1) If a court order is sought, include in the application a request for an order delaying the notification required under § 10-4A-05 of this subtitle for a period not to exceed 90 days, which the court shall grant, if the court determines that there is reason to believe that notification of the existence of the court order may have an adverse result; or
(2) If a subpoena issued by a court of competent jurisdiction or a grand jury subpoena is obtained, delay the notification required under § 10-4A-05 of this subtitle for a period not to exceed 90 days, upon the execution of a written certification to a court of competent jurisdiction by a supervisory official that there is reason to believe that notification of the existence of the subpoena may have an adverse result.
Copies of certification
(c) The investigative or law enforcement officer shall maintain a true copy of a certification executed under subsection (b)(2) of this section.
Extensions of delay in notification
(d) Extensions of a delay in notification may be granted by the court upon application or by certification by a supervisory official under subsection (b) of this section. An extension may not exceed 90 days.
Expiration of delay period
(e) Upon expiration of the period of a delay of notification under subsection (b) or (d) of this section, the investigative or law enforcement officer shall serve upon, or deliver by registered or first-class mail, to the customer or subscriber a copy of the process or request together with a notice that:
(1) States with reasonable specificity the nature of the law enforcement inquiry; and
(2) Informs the customer or subscriber:
(i) That information maintained for the customer or subscriber by the service provider named in the process or request was supplied to or requested by that investigative or law enforcement officer and the date on which the information was supplied or the request was made;
(ii) That notification of the customer or subscriber was delayed;
(iii) Of the identity of the investigative or law enforcement officer or court that made the certification or determination authorizing the delay; and
(iv) Of the statutory authority for the delay.
Warrants, subpoenas, or court orders
(f) If notice to the subscriber is not required under § 10-4A-04(b)(1) of this subtitle or if notice is delayed under subsection (b) or (d) of this section, an investigative or law enforcement officer acting under § 10-4A-04 of this subtitle may apply to a court for an order requiring a provider of electronic communications service or remote computing service to whom a warrant, subpoena, or court order is directed, for such period as the court deems appropriate, not to notify any other person of the existence of the warrant, subpoena, or court order. The court shall enter an order under this subsection if the court determines that there is reason to believe that notification of the existence of the warrant, subpoena, or court order will have an adverse result.

Credits

Added by Acts 1988, c. 607, § 1, eff. July 1, 1988. Amended by Acts 1994, c. 165, § 3, eff. July 1, 1994; Acts 1994, c. 166, § 3, eff. July 1, 1994; Acts 1995, c. 3, § 2, eff. March 7, 1995; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2013, c. 43, § 5.
MD Code, Courts and Judicial Proceedings, § 10-4A-06, MD CTS & JUD PRO § 10-4A-06
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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