578                              Laws of Maryland                      [Ch. 273

(4)    All conveyances including aircraft, vehicles, or vessels, which
are used, or intended for use, to transport, or in any manner to
facilitate the transportation, sale, receipt, possession, or concealment
of property described in (1) or (2), except that:

(a)    No conveyance used by any person as a common carrier in
the transaction of business as a common carrier shall be forfeited
under the provisions of this [chapter] subheading unless it shall
appear that the owner or other person in charge of such conveyance
was a consenting party or privy to a violation of this subheading;
and

(b)    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 crim-
inal laws of the "United States, or of any state; [and]

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

(6)    All money or currency which shall be found in close proxim-
ity to contraband controlled dangerous substances or controlled
paraphernalia or which otherwise has been used or intended for use
in connection with the illegal manufacture, distribution, dispensing
or possession of controlled dangerous substances or controlled
paraphernalia.

(b)    Seizure of property subject to forfeiture.—Any property
subject to forfeiture under this subheading may be seized upon
process issued by any court having jurisdiction over the property
except that seizure without such process may be made when—

(1)    The seizure is incident to an arrest or a search under a
search warrant or an inspection under an administrative inspection
warrant;

(2)    The property subject to seizure has been the subject of a
prior judgment in favor of the State in a criminal injunction or
forfeiture proceeding under this subheading;

(3)    There is probable cause to believe that the property is di-
rectly or indirectly dangerous to health or safety; or

(4)    There is probable cause to believe that the property has been
used or intended to be used in violation of this subheading.

In the event of seizure pursuant to paragraphs (3) and (4) of
this subsection, proceedings under subsection (d) of this section
shall be instituted promptly.

(c)    Seized property not repleviable; sealing or removal of seized
property.—Property taken or detained under this section shall not
be repleviable, but shall be deemed to be in the custody of the person
who seized said property subject only to the orders and decrees of
the court or the official having jurisdiction thereof. Whenever prop-
erty is seized under the provisions of this subheading, the person
who seized said property may: