HERBERT R. O'CONOR, GOVERNOR. 1607
259A. Whenever it be made to appear to any judge
of the Supreme Bench of Baltimore City, or to any judge
of any of the Circuit Courts in the counties of this State,
or to any justice of the peace in this State, by a writing
signed and sworn to by the applicant, that there is prob-
able cause, the basis of which shall be set forth in said
writing, to believe that any misdemeanor or felony is
being committed by any individual, or in any building,
apartment, premises, place or thing within the territorial
jurisdiction of such judge or justice of the peace, or that
any property subject to seizure under the criminal laws
of the State is situated or located on the person of any
such individual or in or on any such building, apartment,
premises, place or thing, then such judge or justice of the
peace may forthwith issue a search warrant directed to
any duly constituted policeman, constable or police officer
authorizing him to search such suspected individual, build-
ing, apartment, premises, place or thing, and to seize any
property found liable to seizure under the criminal laws
of this State, provided that any such search warrant shall
name or describe, with reasonable particularity, the indi-
vidual, building, apartment, premise, place or thing to be
searched, the grounds for such search and the name of
the applicant on whose written application as aforesaid
the warrant was issued. If, at any time, on application to
a Judge of the Circuit Court of any County or of the
Criminal Court of Baltimore City, it appears that the
property taken is not the same as that described in the
warrant or that there is no probable cause for believing
the existence of the grounds on which the warrant was
issued, said judge must cause it to be restored to the per-
son from whom it was taken; but if it appears that the
property taken is the same as that described in the war-
rant and that there is probable cause for believing the
existence of the grounds on which the warrant was issued,
then said judge shall order the same retained in the cus-
tody of the person seizing it or to be otherwise disposed
of according to law.
259B. Sections 449 to (and including) 452 of this
Article (perjury and subornation of perjury) shall apply
to and embrace all persons making oath or affirmation or
procuring the same under the provisions of this Act, and
such persons shall be subject to all the pains and penalties
of said sections.
Approved May 11, 1939.
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