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§ 10-406. Authorized wire, oral, or electronic interceptions

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2019

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 10. Evidence (Refs & Annos)
Subtitle 4. Wiretapping and Electronic Surveillance (Refs & Annos)
Effective: October 1, 2019
MD Code, Courts and Judicial Proceedings, § 10-406
§ 10-406. Authorized wire, oral, or electronic interceptions
In general
(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 or has provided evidence of the commission of:
(1) Murder;
(2) Kidnapping;
(3) Rape;
(4) A sexual offense in the first or second degree;
(5) Child abuse in the first or second degree;
(6) Child pornography under § 11-207, § 11-208, or § 11-208.1 of the Criminal Law Article;
(7) Gambling;
(8) Robbery under § 3-402 or § 3-403 of the Criminal Law Article;
(9) A felony under Title 6, Subtitle 1 of the Criminal Law Article;
(10) Bribery;
(11) Extortion;
(12) Dealing in a controlled dangerous substance, including a violation of § 5-617 or § 5-619 of the Criminal Law Article;
(13) A fraudulent insurance act, as defined in Title 27, Subtitle 4 of the Insurance Article;
(14) An offense relating to destructive devices under § 4-503 of the Criminal Law Article;
(15) A human trafficking offense under Title 3, Subtitle 11 of the Criminal Law Article;
(16) Sexual solicitation of a minor under § 3-324 of the Criminal Law Article;
(17) An offense relating to obstructing justice under § 9-302, § 9-303, or § 9-305 of the Criminal Law Article;
(18) Sexual abuse of a minor under § 3-602 of the Criminal Law Article;
(19) A theft scheme or continuing course of conduct under § 7-103(f) of the Criminal Law Article involving an aggregate value of property or services of at least $10,000;
(20) Abuse or neglect of a vulnerable adult under § 3-604 or § 3-605 of the Criminal Law Article;
(21) An offense relating to Medicaid fraud under §§ 8-509 through 8-515 of the Criminal Law Article;
(22) An offense involving a firearm under § 5-134, § 5-136, § 5-138, § 5-140, § 5-141, or § 5-144 of the Public Safety Article; or
(23) A conspiracy or solicitation to commit an offense listed in items (1) through (22) of this subsection.
Interceptions lawful under § 10-402
(b) No application or order shall be required if the interception is lawful under the provisions of § 10-402(c) of this subtitle.

Credits

Added by Acts 1977, c. 692, § 3, eff. July 1, 1977. Amended by Acts 1982, c. 535; Acts 1983, c. 384; Acts 1986, c. 743; Acts 1987, c. 163; Acts 1988, c. 607; Acts 1997, c. 343, § 1, eff. Oct. 1, 1997; Acts 1998, c. 524, § 1, eff. Oct. 1, 1998; Acts 1998, c. 733, § 3, eff. Oct. 1, 1998; Acts 2000, c. 288, § 1, eff. Oct. 1, 2000; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2004, c. 285, § 1, eff. Oct. 1, 2004; Acts 2004, c. 539, § 1, eff. Oct. 1, 2004; Acts 2005, c. 329, § 1, eff. Oct. 1, 2005; Acts 2005, c. 615, § 1, eff. Oct. 1, 2005; Acts 2006, c. 300, § 1, eff. Oct. 1, 2006; Acts 2011, c. 54, § 1, eff. Oct. 1, 2011; Acts 2011, c. 55, § 1, eff. Oct. 1, 2011; Acts 2012, c. 369, § 1, eff. Oct. 1, 2012; Acts 2013, c. 38, § 1, eff. Oct. 1, 2013; Acts 2013, c. 39, § 1, eff. Oct. 1, 2013; Acts 2018, c. 145, § 1, eff. June 1, 2018; Acts 2019, c. 21, § 2, eff. Oct. 1, 2019; Acts 2019, c. 22, § 2, eff. Oct. 1, 2019.
MD Code, Courts and Judicial Proceedings, § 10-406, MD CTS & JUD PRO § 10-406
Current with all legislation from the 2021 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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