2010 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
TITLE 10 - EVIDENCE
Subtitle 4 - Wiretapping and Electronic Surveillance
Section 10-407 - Lawful disclosure or use of contents of communication.

§ 10-407. Lawful disclosure or use of contents of communication.
 

(a)  Disclosure by investigative or law enforcement officer.- 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, or any territory, protectorate, or possession of the United States, including the District of Columbia, to the extent that the disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure. 

(b)  Use of contents by officer.- 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 or an investigative or law enforcement officer of any state or any political subdivision of a state, the United States or any territory, protectorate, or possession of the United States, including the District of Columbia who obtains such knowledge by lawful disclosure may use the contents to the extent that the use is appropriate to the proper performance of his official duties. 

(c)  Disclosure while giving testimony.-  

(1) Any person who has received, by any means authorized by this subtitle, any information concerning a wire, oral, or electronic communication, or evidence derived therefrom intercepted in accordance with the provisions of this subtitle, may disclose the contents of that communication or the derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of any state or any political subdivision of a state, the United States or any territory, protectorate, or possession of the United States including the District of Columbia. 

(2) Any person who has received any information concerning a wire, oral, or electronic communication intercepted in any state or any political subdivision of a state, the United States or any territory, protectorate, or possession of the United States, including the District of Columbia in accordance with the law of that jurisdiction, but that would be in violation of this subtitle if the interception was made in this State, or evidence derived from the communication, may disclose the contents of that communication or the derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of this State if: 

(i) At least one of the parties to the communication was outside the State during the communication; 

(ii) The interception was not made as part of or in furtherance of an investigation conducted by or on behalf of law enforcement officials of this State; and 

(iii) All parties to the communication were co-conspirators in a crime of violence as defined in § 14-101 of the Criminal Law Article. 

(d)  Privileged character of communication not lost.- An otherwise privileged wire, oral, or electronic communication intercepted in accordance with, or in violation of, the provisions of this subtitle, does not lose its privileged character. 

(e)  Communications relating to offenses not specified in order.- When an investigative or law enforcement officer, while engaged in intercepting wire, oral, or electronic communications in the manner authorized herein, intercepts wire, oral, or electronic communications relating to offenses other than those specified in the order of authorization, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in subsections (a) and (b) of this section. The contents and any evidence derived therefrom may be used under subsection (c) of this section when authorized or approved by a judge of competent jurisdiction where the judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of this subtitle. The application shall be made as soon as practicable. 

(f)  Disclosure by law enforcement officers of other jurisdictions.- Any investigative or law enforcement officer of any state or political subdivision of a state, the United States, or any territory, protectorate, or possession of the United States, including the District of Columbia, who has lawfully received any information concerning a wire, oral, or electronic communication or evidence lawfully derived therefrom, which would have been lawful for a law enforcement officer of this State pursuant to § 10-402(c)(2) of this subtitle to receive, may disclose the contents of that communication or the derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of this State or any political subdivision of this State. 
 

[1977, ch. 692, §§ 2, 3; 1980, ch. 263; 1981, ch. 549; 1983, ch. 417; 1988, ch. 607; 1989, ch. 5, § 1; 2001, chs. 370, 371; 2002, ch. 213, § 6.]