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Session Laws, 1990 Session
Volume 436, Page 246   View pdf image (33K)
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Ch. 6 LAWS OF MARYLAND

officer making the affidavit, commanding [him] THE OFFICER to proceed at once and
search for the bird, mammal, amphibian, or reptile or the device and, upon finding it, to
seize, take possession, and keep it until further order by the judge. The warrant shall be
executed pursuant to the Maryland Rules. The warrant shall be returned within [five] 5
days from the issuing date or within a shorter period of time set forth in the search
warrant.

10-1104.

(a) If a Natural Resources police officer or any law enforcement officer has
probable cause to believe that any species of wildlife or any device is possessed in
violation of this title, and it is not possible or feasible to secure a search warrant in time
to seize the bird, mammal, amphibian, or reptile or the device, then [he] THE
NATURAL RESOURCES POLICE OFFICER may examine any boat, railway car, box,
crate, package, or game bag without a warrant.

(b) In this event, a Natural Resources police officer, in uniform or accompanied
by a uniformed police officer, may stop and search an automobile, any vehicle, or trailer
for the purpose of examining the game bags. [He] THE NATURAL RESOURCES
POLICE OFFICER also may determine whether the person has an appropriate license.

10-1105.

A Natural Resources police officer or any law enforcement officer, upon arresting
any person for violating any provision of this title or any [rule or] regulation
[promulgated] ADOPTED pursuant to [it] THIS TITLE, may seize every bird,
mammal, reptile, and amphibian unlawfully caught, sold, offered for sale, transported,
or possessed. The Department may dispose of any seized species of wildlife at [its]
THE DEPARTMENT'S discretion.

10-1106.

(a) A Natural Resources police officer or any law enforcement officer, upon
arresting any person for violating any provision of this title or any [rule or] regulation
[promulgated] ADOPTED pursuant to [it] THIS TITLE, may seize any device,
equipment, conveyance, or property unlawfully used. If the owner or person in charge
of the seized device, equipment, conveyance, or property is convicted, the court may
declare the device, equipment, conveyance, or property forfeited, in addition to any
other penalty provided in this title. Any forfeiture becomes the property of the
Department for disposition at [its] THE DEPARTMENT'S discretion. If the owner is
not known, the court may proceed ex parte to hear and determine any question of
forfeiture. If the owner or person charged with the violation is not convicted, the device,
equipment, conveyance, or property seized shall be released and returned to [him]
THE OWNER OR PERSON.

10-1107.

(b) The Department [shall], by regulation, SHALL establish a schedule of
resource values for individual species or describe a system that a court may use in
determining the resource value for the species. The Department may use, but not be

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Session Laws, 1990 Session
Volume 436, Page 246   View pdf image (33K)
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