Salzman v. State

Lowe, J., delivered the opinion of the Court. In January of 1978 Baltimore County Police began an investigation into what was believed to have been the ²⁸ largest illegal drug operation ever investigated by State law enforcement officials. The investigation concluded in the indictments of some twenty individuals, spread throughout four different counties, who were involved on various levels in an operation which dealt with literally tons of marijuana, a quantity of cocaine and methaqualone, and so much United States currency that cash exchanges by members of the group were calibrated by the suitcase full. Appellants in this consolidated appeal are four members — three of them principals — of the drug operation.

As their nomenclature is reminiscent of a nursery rhyme, their relationships correspond to a trite western saga. All are closely related by blood and marriage. Police were first alerted to the operation on January 6, 1978, when one Victor Tomich went to the Baltimore County Police Headquarters and confessed to a larceny he had committed some nine days previously. Tomich related that he had removed approximately $100,000 in cash and a bag of marijuana from a safe in the home of appellants Paul and Marcia Blinken.

After explaining that he and his wife, Mindy Tomich (the sister of Marcia Blinken), lived in a house trailer on the Baltimore County property of Paul and Marcia Blinken, Victor divulged to the police that Paul and Marcia Blinken, along with Paul Blinken’s brothers Neal and Jeffrey and one of their cousins (later identified as appellant Bruce Salzman), were operating a large-scale illegal drug conspiracy. From this initial meeting and two subsequent interviews with Victor and Mindy Tomich, it was learned that the Blinkens ran what was described as a "corporation” dealing in illegal drugs, with members of the corporation residing and operating throughout the State. The Tomichs had personally observed bales of marijuana, suitcases full of methaqualone, and quantities of cocaine stored at the home of Paul and Marcia Blinken. They had further seen these drugs delivered to and used and distributed at the Blinkens’ residence.

Among other personal observations by the Tomichs were (1) the sale of cocaine by Paul Blinken, (2) firearms carried by Paul Blinken, (3) frequent drug ²⁹ deliveries and traffic in and out of Paul and Marcia Blinken’s home, and (4) drug use at the residence of Jeffrey Blinken. Mindy Tomich further informed the police that on one occasion in 1974 Paul Blinken had arranged for her to pick up two suitcases full of marijuana at his father’s house in Florida. Upon her return with the drugs, she was paid $500 by Paul Blinken for her efforts. A five-week investigation by Baltimore County Police detectives ensued, and on February 24, 1978 Victor and Mindy Tomich along with three Baltimore County Police detectives personally appeared before Judge Frank E. Cicone in the Circuit Court for Baltimore County and submitted a detailed affidavit which served as the basis for an application by the State’s Attorney for Baltimore County for an order authorizing a wiretap on the telephone of appellants Paul and Marcia Blinken.

Judge Cicone issued the order. Thereafter, on March 23, 1978, the Tomichs accompanied members of the Baltimore County Police Department and the Maryland State Police (who had been working with Baltimore County on the Blinken investigation) to Carroll County where they joined Corporal Fred A. Settle of the State Police to submit an affidavit in support of an ex parte wiretap authorization on the phone of Jeffrey Blinken in Carroll County. Judge Edward O. Weant granted the order. The Baltimore County wiretap was subsequently extended on March 28, 1978 and April 21, 1978, and the Carroll County surveillance was once extended by Judge Weant on April 20, 1978.

Based on the information obtained from the Tomichs and on a number of intercepted telephone conversations couched in carefully coded language and interpreted by experts as being drug related, search warrants were ultimately obtained and executed on April 28,1978 and May 1,1978 for the premises and vehicles of Bruce Salzman, Jeffrey Blinken, and Paul and Marcia Blinken. The police seized 229 pounds of marijuana with an approximate street value of $145,920, 2 grams, 700 milligrams of cocaine with a significant purity of 95%-100%, and assorted drug-paraphernalia from Paul and Marcia Blinken’s; 400 pounds ³⁰ of marijuana with an estimated street value of $180,000, one ounce of cocaine with an approximate street value of $2,000, and 500 quaalude tablets with an approximate street value of $1,000 from the truck and residence of Bruce Salzman, plus $598,000 in cash found in the trunk of an unlicensed Mercedes Benz parked within the Salzman curtilage; five and one-half pounds of marijuana having an estimated street value of $2,475, two ounces of cocaine with an approximate street value of $4,000, 123 quaalude tablets with a street value of $246 and $101,595 in cash packets of $1,000 per wrapper from the residence of Jeffrey Blinken; and approximately two tons of marijuana plus three vehicles fictitiously registered, from the group’s warehouse in Anne Arundel County. A three-count indictment was filed against appellants Bruce Salzman, Marcia Blinken, and Paul Blinken in the Circuit Court for Carroll County 1 a thirteen-count indictment was filed in the Circuit Court for Carroll County against appellant Jeffrey Blinken and two separate criminal informations charging Bruce Salzman with ten and three counts respectively were filed in the Circuit Court for Frederick County. Numerous and extensive pre-trial motions to suppress evidence derived from the wiretaps and from the search and seizures which had relied thereon for probable cause were filed by the multitude of defendants originally charged in connection with the uncovered drug operation.1 2 On November 3,1978, in a unique order, Chief Judge Robert C. Murphy of the Court of Appeals consolidated the cases below to allow all motions and arguments which could possibly be made before the various trials to be heard by one circuit court judge sitting as a judge for all four jurisdictions then involved.

All pre-trial motions were then heard over five ³¹ days in the Circuit Court for Baltimore County by Judge Paul E. Alpert, sitting as a judge for the circuit courts for Carroll, Queen Anne’s, Frederick and Baltimore Counties. On June 8, 1979 Judge Alpert filed an extensively researched and meticulously reasoned 121-page opinion denying all motions pertinent to this appeal. Appellants were then tried in the Circuit Courts for Carroll and Frederick Counties where they unsuccessfully sought rehearings on their motions to suppress and specifically repeated their objections to the means by which the incriminating evidence had been acquired. None offered any defense on the merits of the cases before them.

All were convicted on various violations of the laws relating to controlled dangerous substances. The present appeals were consolidated for briefing and argument, primarily because all four appellants raise the common issue of Judge Alpert’s denial of the motions to suppress the wiretap evidence and subsequent evidence derived therefrom. Additionally, appellants Salzman and Jeffrey Blinken assert violations of their constitutional right to be free from double jeopardy, appellants Paul Blinken and Jeffrey Blinken raise sufficiency of the evidence arguments, and appellants Paul Blinken, Jeffrey Blinken, and Bruce Salzman contend that their waivers of the right to trial by jury were defective. 3 After reviewing the voluminous records on this appeal and the applicable law, we will affirm appellants’ convictions. ³² I. The Wiretaps A. Exhaustion All four appellants contend that the police failed to exhaust normal investigative procedures before seeking wiretap authorizations and that therefore the wiretaps were obtained in violation of applicable federal and state statutes. Section 10-408 (a) (3) of Maryland’s wiretap and electronic surveillance statute, Md. Cts. & Jud.

Proc. Code Ann. §§ 10-401 — 10-412, and its federal counterpart § 2518 (1) (c) of Title III of the Omnibus Crime Control & Safe Streets Act of 1968, 18 U.S.C. §§ 2510-2520 , (hereinafter Title III), set forth the identical requirement that every application for an ex parte order authorizing wiretap interception must demonstrate: "... whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous.” The Title III preconditions for obtaining wiretap authority, and particularly the exhaustion requirement ( 18 U.S.C. § 2518 (1) (c)) after which Maryland’s § 10-408 (a) (3) is modeled, were established by Congress "to make doubly sure that the statutory authority [to wiretap] be used with restraint and only where the circumstances warrant the surreptitious interception of wire and oral communications.” United States v. Giordano, 416 U.S. 505, 515 (1974). Specifically, the exhaustion requirement’s basic purpose is to assure that wiretapping is "not... routinely employed as the initial step in criminal investigation.” Id. And as pointed out by Chief Judge Gilbert in Calhoun v. State, 34 Md. App. 365, 376-77 (1977), the requirement mandates strict compliance: "The affidavit must demonstrate to the issuing judge that normal investigative measures have been tried and failed, or they are unlikely to be successful, or that their use is too perilous to the investigators. [Emphasis in original].” ³³ The State, however, need not exhaust every conceivable investigative possibility before seeking a wiretap order.

Trovinger v. State, 34 Md. App. 357, 361 , cert. denied, 280 Md. 736 (1977). Rather, the exhaustion requirement is to be tested in a "practical and common sense fashion,’’Bell v. State, 48 Md. App. 669, 673 (1981) (citing with approval, Calhoun v. State, supra at 374) since its purpose is "simply ... to assure that wiretapping is not resorted to where traditional investigative techniques would suffice.” United States v. Kahn, 415 U.S. 143 , 153 n. 12 (1974). Chief Justice Gilbert 4 in Calhoun noted that the origin of this common sense, pragmatic approach was found in the legislative history of Title III, which history provides: " 'Merely because a normal investigative technique is theoretically possible, it does not follow that it is likely. What [the exhaustion] provision envisions is that the showing be tested in a practical and common sense fashion [citation omitted].’” Calhoun, supra at 374 .

Consequently, the State "need not prove to a certainty that [normal investigative] techniques will not succeed if — as stated in the statute — [they| ’reasonably appear to be unlikely to succeed.’ ” Dell, supra at 3. (Emphasis added.) (i) Baltimore County Applying the pragmatic approach to the first Baltimore County affidavit, it is clear that the exhaustion requirement was met. Contrary to appellants’ contention that it merely contained "boiler-plate verbiage,” the 34-page affidavit outlined with great detail the investigative procedures that the police had unsuccessfully attempted to use, and why the efforts had failed in light of the objectives, which included ³⁴ identification of the alleged conspiracy’s sources of supply and higher-echelon figures. 5 Intermittent stationary surveillance of Paul Blinken’s home and place of business over a five-week period had predictably failed to reveal identities of any "higher-ups,” sources of supply, or co-conspirators; telephone toll records and informant tips, indicated that Paul Blinken was associated with known and convicted narcotics law violators, but were not sufficient to prove a criminal conspiracy or to identify sources of supply; a check on criminal arrest records rendered no information; requests to the Tomichs to introduce undercover agents to Paul Blinken were fruitless because the Tomichs refused, explaining that Blinken only dealt with old friends and associates; intermittent mobile surveillance of Paul Blinken proved futile and rendered no evidence; the Tomichs’ access to Paul and Marcia Blinken’s house had been curtailed since the disappearance of the Blinkens’ money from their safe; and inquiries to other reliable police informants for information on Paul Blinken or any of his co-conspirators met with negative results. Besides detailing the above unsuccessful efforts, the police set forth an exhaustive list in their affidavit to Judge Cicone outlining why other investigative techniques "reasonably appealed] to be unlikely to succeed if tried or to be too ³⁵ dangerous.” A "blind buy” (i.e., an attempt to purchase drugs from the Blinkens without prior introduction) appeared likely to fail in light of the Tomichs’ information that Paul Blinken only sold to long-time associates (moreover, a "blind buy” would not aid in identifying sources of supply or "higher-ups”); because the Blinken house was in an isolated area of Baltimore County, long-term stationary surveillance would likely be detected and would fail at any rate to reveal sources of supply and "higher-ups”; infiltration of the conspiracy appeared impossible since Paul Blinken dealt only with long-term associates; execution of a search and seizure warrant would not aid in determining co-conspirators; and further checks of toll records, implementation of a "pen register,” or electronic eavesdropping of conversations between the Blinkens and the Tomichs (with the permission of the Tomichs) all appeared unlikely to reveal sources of supply and higher-echelon figures in the suspected conspiracy.

In sum, it was clear from the information set forth in the affidavit, that normal investigative procedures would "reasonably” be unlikely to succeed. The February 24, 1978 original application for wiretap authorization in Baltimore County more than met the exhaustion requirement. Appellants further argue that the March 28, 1978 and April 21, 1978 applications to extend the Baltimore County wiretap suffered from the same defects of conclusory, "boiler-plate” language used in an attempt to satisfy the § 10-408 (a) (3) exhaustion requirement. Each of the affidavits in support of the Baltimore County extensions, however, outlined in detail similar to that in the original affidavit, why traditional investigative techniques had failed and why others reasonably appeared unlikely to succeed.

Furthermore, the two Baltimore County extension affidavits incorporated by reference the original application’s affidavit. Under our holding in Ward v. State, 40 Md. App. 410, 413 (1978), even if they would be defective standing alone, electronic surveillance applications incorporating a previously valid application and affidavit for wiretapping the same individuals at the same location, are ³⁶ deemed to comply with § 10-408 (a) (3) when all the circumstances requiring the first wiretap are clearly present with respect to the second. The objection to the Baltimore County extension applications therefore fails. (ii) Carroll County On March 23, 1978 State Trooper Settle and the Tomichs submitted an affidavit in the Circuit Court for Carroll County in support of the Carroll County State’s Attorney’s application for an ex parte order to wiretap Jeffrey Blinken’s phone.

The objectives of the wiretap were identical to those in the Baltimore County application and the unsuccessful investigation using traditional police techniques had been equally extensive. Corporal Settle summarized those attempts, which had included intermittent stationary surveillance of Jeffrey Blinken’s home for a three-week period; checking toll and arrest records; requesting the Tomichs and a confidential informant to introduce an undercover agent to Jeffrey Blinken so as to make a "blind buy”; intermittent mobile surveillance; and requesting a confidential informant to testify against Blinken in court. An exhaustive list of investigative techniques which reasonably appeared unlikely to succeed was similarly set forth (e.g., the isolated location of Jeffrey Blinken’s house prohibited long-term stationary surveillance; mobile surveillance was impossible due to Jeffrey Blinken’s erratic driving habits; execution of a search and seizure warrant would not aid in identifying sources of supply and "higher-ups”; a "blind buy” of drugs from Jeffrey Blinken and/or infiltration of his conspiracy was impossible because he only dealt with long-term associates; etc.). Under the pragmatic, common sense approach espoused by Calhoun, supra, and Bell, supra, we thus .find that the original Carroll County application met the exhaustion requirement of § 10-408 (a) (3).

We further find that the April 20, 1978 extension application complied with the exhaustion test for the same reasons that the Baltimore ³⁷ County extensions were found to comply. See, text, supra at 10. B. Disclosure Appellants’ second major contention is that the State’s Attorneys for Baltimore and Carroll Counties violated the disclosure requirement of § 10-408 (a) (5). On March 28, 1978 the State’s Attorney for Baltimore County applied for a second wiretap on the phone of Paul and Marcia Blinken.

The application failed to notify the issuing judge that a wiretap on the phone of Jeffrey Blinken had been ordered by Judge Weant in Carroll County on March 23, 1978. After exhaustive pretrial hearings on the issue, Judge Alpert found as a matter of fact that the Baltimore County Assistant State’s Attorney responsible for the extension application had had no actual knowledge of the prior Carroll County order, even though a Baltimore County police detective who was an affiant in support of the extension did have such knowledge. Judge Alpert further found as fact that the Assistant State’s Attorney had not intentionally failed to apprise himself of the Carroll County order. Appellants do not contest the findings of fact, but interpretively argue that § 10-408 (a) (5) requires the applicant for wiretap authorization to disclose all previous orders not only within his actual knowledge, but also any within the collective knowledge of police investigators.

Under appellants’ theory, evidence derived from the Baltimore County extensions would have to be suppressed pursuant to § 10-408 (i) (1) (ii), because § 10-408 (a) (5)’s disclosure requirement is a mandatory pre-interception condition requiring strict compliance. See, State v. Siegel, 266 Md. 256 (1972); Poore v. State, 39 Md. App. 44 , cert. denied, 282 Md. 737 (1978). The answer to this issue lies in the clear and unambiguous language of § 10-408 (a) (5). It is a fundamental rule of statutory construction that when language in a statute is plain, clear and unambiguous, courts must give it force, and no construction should be made against the express letter ³⁸ thereof.

Williams v. State, 144 Md. 18 (1923). In the absence of ambiguity, we must confine ourselves to construction of the statute as written, Gov’t Employees v. Ins. Comm’r, 273 Md. 467, 482 (1975), as the language used is conclusively presumed to express the intent of the legislature. Gietka v. County Executive, 283 Md. 24 (1978).

This is particularly applicable where the Court of Appeals has admonished that, "The [wiretap] statute sets up a strict procedure that must be followed and we will not abide any deviation, no matter how slight, from the prescribed path.” State v. Siegel, supra at 274.” (Emphasis in original.) We must therefore follow strictly the precise words of the statute. Section 10-408 (a) (5) provides that each application for wiretap authority shall include: "A full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any judge for authorization to intercept wire or oral communications involving the same persons, facilities or places specified in the application and the action taken by the judge on each application.” (Emphasis added.) Its plain language indicates that only those prior applications "known to the individual” applicant for an ex parte order need be set forth. Significantly, it does not require the applicant to divulge simply "all previous orders” or "all previous wiretaps within the knowledge of any investigators working on the investigation.” Contrast, Md. R. 741 (a) (3), which requires the State’s Attorney’s Office to disclose during discovery any "material and information in the possession or control of members of his staff and of any others who have participated in the investigation or evaluation of the case and who regularly report or with reference to the particular case have reported to his office.” ³⁹ Although neither we nor our Court of Appeals has addressed the issue, the Sixth Circuit Court of Appeals, when faced with a situation almost identical to the one before us, held that the disclosure requirement of 18 U.S.C. § 2518 (1) (e) (the federal counterpart to § 10-408 (a) (5)) had not been violated where federal officers had failed to disclose a prior wiretap of which they lacked actual knowledge, even though more diligent investigation would have revealed it. United States v. O’Neill, 497 F.2d 1020 (6th Cir. 1974).

Notably, the court held: "Appellants concede that the federal officers who requested the April 18 order did not know of the January 7 and 27 orders, but maintain that they should have been more diligent in learning of these orders. Section 2518 (1) (e) requires disclosure of all previous applications 'known to the individual authorizing and making the application.’ Since the application disclosed the only previous authorization known to the applicants and to the Acting Attorney General who authorized the application, there was complete compliance with the requirement of the Statute.” Id. at 1025-1026. (Emphasis added.) From our strict construction of the express language of § 10-408 (a) (5), and the persuasive reasoning of the O’Neill holding which applied the same strict construction, we conclude that there was no violation of the disclosure requirement by the Baltimore County State’s Attorney’s Office. 6 ⁴⁰ Appellants raise an argument for the first time on appeal that the Carroll County State’s Attorney also violated § 10-408 (a) (5) when in his initial March 23, 1978 application to Judge Weant, he failed to reveal that the Baltimore County tap which had already been initiated was going to be extended in the near future. While we need not address this contention, Md. Rule 1085, Von Lusch v. State, 279 Md. 255 (1977), we note that it is contrary to the clear and explicit language of § 10-408 (a) (5), which merely requires a full and complete statement of facts concerning all previous applications known to the applicant for wiretap authorization.

The Carroll County State’s Attorney did notify Judge Weant of the Baltimore County tap already in progress, and thus complied with § 10-408 (a) (5). C. Minimization Appellants next contend that the Baltimore County Police failed to minimize the interception of non-pertinent conversations on the phone of Paul and Marcia Blinken. At the hearings on their pre-trial motions to suppress, however, the defendants below did agree to stipulate that the Baltimore County detectives conducting the tap (1) had all read and signed a minimization plan, (2) had conducted spot-monitoring by deactivating all recorders and turning their volume completely down for alternating twenty to thirty-second intervals when calls were determined to be non-pertinent to the drug operation, (3) were allowed up to ten minutes of constant monitoring before spot-monitoring was to begin, and (4) had known during the wiretapping that the alleged conspiracy involved more than three persons. Testimony at the hearings further revealed that the detectives had attended a lecture by the State’s Attorney’s Office on minimization and that after a period of time spot-monitoring was increased to sixty-second intervals and the midnight surveillance shift was eliminated, police thereby intercepting no phone calls between midnight and seven a.m.

It was also pointed out by the narcotics detectives who testified at the pre-trial hearings that special problems ⁴¹ are incurred when wiretapping is used in narcotics investigation because coded language is frequently used by drug dealers, and telephone conversations among them frequently start off as personal and irrelevant, but then suddenly switch to short periods of drug-related conversation. In compliance with the dictates of the Fourth Amendment, both § 2518 (5) of Title III and § 10-408 (c) of the Maryland statute provide: "... Every [wiretap] order and extension thereof shall contain a provision that the authorization to intercept. .. shall be conducted in such a way as to minimize the interceptions of communications not otherwise subject to interception.. ..” The Court of Appeals has held that "[t]he standard for compliance with the requirement to minimize is the overall reasonableness of the totality of the conduct of the monitoring agents in light of the purpose of the wiretap and the information available to the agents at the time of the interception.” Spease & Ross v. State, 275 Md. 88, 99 (1975). Accord, Poore v. State, supra at 65.

Endorsing the same objective, overall reasonableness test for minimization, the Supreme Court has held that "because of the necessarily ad hoc nature of any determination of reasonableness, there can be no inflexible rule of law which will decide every case.” Scott v. United States, 436 U.S. 128, 139 , reh. denied, 438 U.S. 908 (1978). After synthesizing the multitude of cases on minimization, however, Chief Judge Murphy has set forth a list of factors to be used as guidelines for determining the reasonableness of minimization. These include: "(1) the nature and scope of the crime being investigated; (2) the sophistication of those under suspicion and their efforts to avoid surveillance through such devices as coded conversations; (3) the location and operation of the subject telephone; (4) government expectation of the contents of the call; (5) the extent of judicial supervision; (6) the duration of the wiretap; (7) the purpose of the ⁴² wiretap; (8) the length of the calls monitored; (9) the existence of a pattern of pertinent calls, which the monitoring agents could discern so as to eliminate the interception of non-pertinent calls; (10) the absence of monitoring of privileged conversations.” Spease & Ross, supra at 100. Applying those factors to the circumstances in the instant case, we find that they clearly weigh in the State’s favor.

Here the nature and scope of the crime being investigated was a widespread, sophisticated drug conspiracy. In such cases, "courts generally permit a greater latitude to officials conducting a sweeping investigation and have held a wider range of intercepted calls to be pertinent.” Poore, supra at 67 ; Accord, Scott, supra at 140. Further, intercepted conversations couched in coded, guarded and ambiguous language indicated the sophistication of the conspirators and understandably made the discerning of non-pertinent calls and patterns of calls more difficult. Scott, supra at 140; Spease & Ross, supra at 102; Poore, supra at 67-68 .

And where, as here, the legitimate purpose of an investigation is to identify sources of drug supplies and higher-echelon dealers, more extensive surveillance is justified. Poore, supra at 67 . Another factor to be weighed, the location of the tapped phone likewise leans in the State’s favor. While generally one has a greater expectation of privacy when using one’s home telephone than one would have when using a public phone or one used exclusively for criminal acts, the Blinken phone was used as an instrument in the furtherance of their conspiracy and their residence was a crucial place for the storage and distribution of illegal drugs.

As such, the "location and operation of the subject telephone” warranted greater interception. Spease & Ross, supra at 102; Poore, supra at 69 . Finally, the "extent of judicial supervision” reinforces our belief that the wiretap here was properly minimized. Judge Cicone had instructed Detective Peregoy, the Baltimore County detective in charge of the wiretap operation, to ⁴³ render progress reports at four-day intervals.

The detective testified, moreover, that he reported to the judge at intervals of fewer than four days and that Judge Cicone had visited the wiretap plant to personally observe its operation on some six different dates while the tap was in progress. From the above factors, we think it clear that minimization was adequate. As indicative of a lack of minimization, appellants’ emphasize that only a "minimal percentage” of the total calls intercepted on the Blinken phone were actually pertinent to the drug investigation. With regard to a similar argument made in Scott v. United States, another narcotics conspiracy case, the Supreme Court responded: "We agree with the Court of Appeals that blind reliance on the percentage of nonpertinent calls intercepted is not a sure guide to the correct answer.

Such percentages may provide assistance, but there are surely cases, such as the one at bar, where the percentage of nonpertinent calls is relatively high and yet their interception was still reasonable. The reasons for this may be many. Many of the nonpertinent calls may have been very short. Others may have been one-time only calls.

Still other calls may have been ambiguous in nature or apparently involved guarded or coded language. In all these circumstances agents can hardly be expected to know that the calls are not pertinent prior to their termination.” 436 U.S. at 140 . We find this language equally applicable to the present case. D. Progress Reports to Issuing Judge Section 10-408 (f) mandates that when wiretap authorization is granted, the issuing judge shall provide in his order for interception a requirement that police make periodic reports to him showing what progress has been made toward attaining the authorized objective.

The statute further states that "[t]he reports shall be made at the ⁴⁴ intervals the judge requires.” In the case at bar, the Baltimore and Carroll County wiretap orders and the extensions thereto, contained the following: "ORDERED that at present, the [Baltimore County Police Department/Maryland State Police] shall be required to report to the Court on what progress has been made toward the achievement of the authorized objective and the need for continued interception at a time period and in a manner as designated by the Court.” (Emphasis added.) Although they have not preserved their point for appeal (and we thus could decline to address it, Md. Rule 1085, Von Lusch, supra), appellants argue that under the recent decision of the Court of Appeals in Baldwin v. State, 289 Md. 635 (1981), aff'g, Baldwin v. State, 45 Md. App. 378 (1980), the provision in the orders was inadequate. We read the opinion to the contrary. In Baldwin , a wiretap order contained the same provision ordering progress reports as was contained in the orders in the instant case. As here, the issuing judge did not set forth in his order a schedule by which the police were to make the