STATE v. LEE, ET AL

CONSTITUTIONAL LAW — Wiretapping — Issues Presented In This Appeal Were Decided By Court Of Appeals Of Maryland In State v. Siegel, 266 Md. 256, Affirming This Court's Decision In State v. Siegel, 13 Md. App. 444, Holding Federal Wiretapping Law Constitutional — Federal Wiretapping Act Was Properly Implemented By Md. Code, Art. 27, § 125A, et seq. And Art. 35, § 94 — Procedure Required By Federal Act For Court Orders Authorizing Wiretapping Must Be Strictly Followed And A Substantial Compliance Is Insufficient. p. 298

CONSTITUTIONAL LAW — Wiretapping — Motion To Suppress Evidence — Order Authorizing Wiretapping In Present Cases Contained No "Statement As To Whether Or Not The Interception Shall Automatically Terminate When The Described Communication Has Been First Obtained" As Required By Federal Wiretapping Act — Evidence Resulting Therefrom Must Be Suppressed And Order Dismissing Indictments Must Be Affirmed. pp. 298-299

CONSTITUTIONAL LAW — Wiretapping — Only Chief Prosecuting Officer Of A State Or Political Subdivision May Apply For Order Authorizing Wiretapping. p. 298

J.A.R.

THOMPSON, J., delivered the opinion of the Court.

All of the issues presented in this appeal, and necessary for our decision, have been decided by the Court of Appeals of Maryland in State v. Siegel, 266 Md. 256, 292 A.2d 86, which affirmed our decision in State v. Siegel, 13 Md. App. 444, 285 A.2d 671. In both cases the questions were thoroughly discussed and there is no need for us to repeat those discussions. These cases held the federal wiretapping law, Title III of the Omnibus Crime Control and Safe Streets Act, 18 U.S.C. § 2510-2520, constitutional and that the act was properly implemented by Md. Code, Art. 27, § 125A et seq. and Art. 35, § 94. These cases also held that the procedure required by the federal act must be strictly followed and that a substantial compliance was insufficient.

In the instant case an assistant states attorney applied for an order authorizing the interception of messages received and transmitted over certain telephone lines in Montgomery County. As a result of information received from the wiretaps, search warrants were obtained and physical evidence was seized thereunder tending to show the appellees were violating the laws of Maryland pertaining to drugs and marijuana, somewhat euphemistically termed "controlled dangerous substances." The trial judge in Garrett County, where the case had been removed, granted a motion to suppress the evidence obtained as a result of the wiretaps and dismissed the indictments against the appellees. The state appealed contending the federal law was constitutional and properly implemented by the Maryland law and that the wiretap application and order substantially complied with the federal statute. Although, as we have stated, the Siegel cases held the federal statute constitutional and properly implemented in Maryland, they also held that the federal statute must be strictly followed and found invalid three orders which failed to include, as required by 18 U.S.C. § 2518, "a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained." The order involved in the present cases contained no such statement and the evidence resulting from it must therefore be suppressed and the order dismissing the indictments must be affirmed.

The appellees cite a number of other failures to comply with the federal law but we do not reach those questions. Inasmuch as the application and order were both prepared with reference to the Maryland law and without specific reference to the federal statute it is not surprising that there may be other failures. Now that Siegel has clarified the law it is reasonable to expect that future applications and orders will be better prepared.

Order dismissing indictments affirmed.

Costs to be paid by Montgomery County.