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Session Laws, 1970
Volume 695, Page 900   View pdf image
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900                              Laws of Maryland                       Ch. 403

TION FOR PURPOSES OF EMPLOYMENT, CIVIL RIGHTS, OR
ANY STATUTE OR REGULATION OR LICENSE OR QUES-
TIONNAIRE OR ANY OTHER PUBLIC OR PRIVATE PUR-
POSE, PROVIDED THAT ANY SUCH CONVICTION SHALL
CONTINUE TO CONSTITUTE AN OFFENSE FOR PURPOSES
OF THIS SUBHEADING OR ANY OTHER CRIMINAL STATUTE
UNDER WHICH THE EXISTENCE OF A PRIOR CONVICTION
IS RELEVANT.

293. Second or Subsequent Offenses:

(a)  Any person convicted of any offense under this subheading is,
if the offense is a second or subsequent offense, punishable by a term
of imprisonment twice that otherwise authorized, by twice the fine
otherwise authorized, or by both.

(b)  For purposes of this section, an offense shall be considered a
second or subsequent offense, if, prior to the conviction of the offense,
the offender has at any time been convicted of any offense or offenses
under this subheading or under any prior law of this State or any
law of the United States or of any other State relating to the other
controlled dangerous substances as defined in this subheading.

294. Administrative Inspections and Warrants:

(a) Issuance and execution of administrative inspection warrants
shall be as follows:

(1)  Any judge or magistrate of this State may, within his juris-
diction, and upon proper oath or affirmation showing probable cause,
as defined hereinafter, issue warrants for the purpose of conducting
administrative inspections authorized by this subheading or regula-
tions thereunder, and seizures of property appropriate to such in-
spections. For the purposes of this section, "probable cause" means
a valid public interest in the effective enforcement of the subheading
or regulations sufficient to justify administrative inspection of the
area, premises, building or conveyance in the circumstances specified
in the application for the warrant.

(2)  A warrant shall issue only upon an affidavit of an officer or
employee duly designated and having knowledge of the facts alleged,
sworn to before the judge or magistrate and establishing the grounds
for issuing the warrant. If the judge or magistrate is satisfied that
grounds for the application exist or that there is probable cause to
believe they exist, he shall issue a warrant identifying the area,
premises, building, or conveyance to be inspected, the purpose of
such inspection, and, where appropriate, the type of property to be
inspected, if any. The warrant shall identify the item or types of
property to be seized, if any. The warrant shall be directed to a
person authorized to execute it. The warrant shall state the grounds
for its issuance and the name of the person or persons whose affidavit
has been taken in support thereof. It shall command the person to
whom it is directed to inspect the area, premises, building, or con-
veyance identified for the purpose specified, and, where appropriate,
shall direct the seizure of the property specified. The warrant shall
direct that it be served during normal business hours. It shall
designate the judge or magistrate to whom it shall be returned.


 

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Session Laws, 1970
Volume 695, Page 900   View pdf image
 Jump to  
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