Davis v. State
Annotate this CaseMontgomery County law enforcement officers, situated at a "listening post" in Montgomery County, and operating under an ex pare order issued by a judge of the county circuit court under the Maryland Wiretapping and Electronic Surveillance Act, intercepted a mobile phone communication from a target mobile phone, caller, and receiver located in Virginia. As a result of the intercepted communication, the police seized from the caller, Tyrone Davis, controlled dangerous substances when he returned to his Maryland residence. Davis moved to suppress the evidence, arguing that the wiretap order did not authorize interception of the extraterritorial communication. The hearing judge denied Davis's motion to suppress, citing federal case law defining the location of an "interception" as where the mobile communication was first intercepted or redirected and where it was first heard by law enforcement officers. The court of special appeals affirmed. The Court of Appeals affirmed after adopting the federal standard for determining the proper jurisdiction and scope for an ex parte wiretap order, holding that as long as the "listening post" where an officer first hears the intercepted communications is within the geographical jurisdiction of the court issuing the order, the interception is proper under the Maryland statute.
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