Kassap v. Seitz

ADKINS, Judge.

The question we are called upon to decide in the case before us is the proper allocation of the burden(s) of proof in a civil suit brought under the Electronic Surveillance Act; Maryland Code (1984 Repl.Vol., 1988 Cum.Supp.), Courts and Judicial Proceedings Article, §§ 10-401 — 10-414 1 (the Act). In particular, we are presented with the question of which party carries the burden of persuading the trier of fact in regard to whether the interceptor was or was not acting under the direction and supervision of a Maryland investigative or law enforcement officer and was or was not…