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Session Laws, 1984
Volume 759, Page 2861   View pdf image
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HARRY HUGHES, Governor                                    2861

(i) No conveyance used by any person as a
common carrier or vehicle for hire in the transaction of business
as a common carrier or vehicle for hire shall be seized or
forfeited under this subheading unless it appears that the owner
or other person in charge of the conveyance was a consenting
party or privy to a violation of this subheading; and

(ii) No conveyance shall be forfeited under the
provisions of this section by reason of any act or omission
established by the owner thereof to have been committed or
omitted by any person other than such owner while such conveyance
was unlawfully in the possession of a person other than the owner
in violation of the criminal laws of the United States, or of any
state; AND

(III) NO CONVEYANCE SHALL BE FORFEITED UNDER
THE PROVISIONS OF THIS SECTION TO THE EXTENT OF THE INTEREST OF
ANY OWNER OF THE CONVEYANCE WHO NEITHER KNEW NOR SHOULD HAVE
KNOWN THAT THE CONVEYANCE WAS USED OR WAS TO BE USED IN VIOLATION
OF THIS SUBTITLE.

(5) All books, records, and research, including
formulas, microfilm, tapes, and data which are used, or intended
for use, in violation of this subheading;

(6) All money, coin, or currency which has been used
or intended for use in connection with the illegal manufacture,
distribution, dispensing or possession of controlled dangerous
substances or controlled paraphernalia. All money, coin, or
currency which is found in close proximity to contraband
controlled dangerous substances, controlled paraphernalia, or
forfeitable records of the importation, manufacture, or
distribution of controlled dangerous substances are presumed to
be forfeitable under this paragraph. The burden of proof is upon
a claimant of the property to rebut this presumption.

This money or currency shall be deemed to be contraband of
law and all rights, title and interest in and to the money or
currency shall immediately vest in and to Baltimore City or the
county in which it was seized, the municipal corporation, if
seized by municipal authorities, or, if it was seized by State
authorities, the State; and no such money or currency shall be
returned to any person claiming it, or to any other person,
except in the manner hereinafter provided;

(7) All drug paraphernalia as prohibited by § 287A of
this article, and controlled paraphernalia as prohibited by § 287
of this article; [and]

(8) THE REMAINING BALANCE OF THE PROCEEDS OF A SALE
BY A HOLDER OF AN INSTALLMENT SALE AGREEMENT UNDER SECTION 12-626
OF THE COMMERCIAL LAW ARTICLE OF GOODS SEIZED BY A POLICE
DEPARTMENT, BUREAU, OR FORCE, UNDER THIS SUBTITLE; AND

 

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Session Laws, 1984
Volume 759, Page 2861   View pdf image
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