Hensley v. State

PER CURIAM. This is an appeal from the denial by the Circuit Court for Baltimore City of a “Motion for Recision of September 28, 1983 Order unsealing Wiretap Evidence.” This Court granted appellants Petition for Writ of Certiorari prior to consideration by the Court of Special Appeals. We shall affirm. It appears that on October 14, 1980, a “Wiretap Order” was issued by the Criminal Court of Baltimore authorizing electronic surveillance of certain telephones ordinarily used by appellants.

As a result of evidence obtained through the wiretaps, criminal lottery charges were filed against the appellants. A Baltimore City judge of the District Court of Maryland granted the appellants motion to suppress the wiretap evidence and the State entered a nolle prosequi as to all charges. Thereafter the wiretap evidence was treated as “sealed.” Later the appellants were indicted in the United States District Court for the District of Maryland for alleged offenses arising from the wiretaps. In September, 1983, the State’s Attorney for Baltimore City filed a petition in the Circuit Court for Baltimore City “pursuant to Courts Article 10-408(g)(2) seeking unsealing of Original Tapes and Logs.” In the petition it was stated that appellants “were indicted in the