Agnew v. State
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The Court of Appeals affirmed the decision of the Court of Special Appeals affirming the judgment of the trial court admitting an audio-recorded conversation recovered from Defendant’s cell phone during trial and convicting him of drug- and firearm-related offenses, holding that the trial court did not err in admitting the audio-recorded conversation over Defendant’s objection.
On appeal, Defendant argued that the Maryland Wiretap Act, Md. Code Ann. Cts. & Jud. Proc. 10-402, prevented admission of the recording because the unidentified speaker with whom Defendant was communicating in the recording did not consent to its interception. The Court of Appeals affirmed, holding that where a party to a communication consents to or participates in the interception of a communication, section 10-402(a) of the Maryland Wiretap Act does not render the intercepted communication inadmissible against the consenting party.
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