1698                               Laws of Maryland                        [Ch. 659

(II)    ALTHOUGH THE VIOLATOR HAS NOT SOLD OR AT-
TEMPTED TO SELL CONTROLLED DANGEROUS SUB-
STANCES IN VIOLATION OF THIS SUBTITLE, AN AMOUNT
OF SUCH SUBSTANCES OR PARAPHERNALIA IS LOCATED
WHICH WOULD REASONABLY INDICATE THAT SALE IS
CONTEMPLATED BY THE VIOLATOR.

(III)    THE TOTAL CIRCUMSTANCES OF THE CASE DIC-
TATE THAT SEIZURE AND FORFEITURE IS JUSTIFIED;
THESE CIRCUMSTANCES WOULD INCLUDE SUCH FACTORS
AS THE FOLLOWING:

(A)    THE POSSESSION OF CONTROLLED DANGEROUS
SUBSTANCES;

(B)    AN EXTENSIVE CRIMINAL RECORD OF THE VIO-
LATOR;

(C)    A PREVIOUS CONVICTION OF THE VIOLATOR FOR A
CONTROLLED DANGEROUS SUBSTANCES VIOLATION;

(D)    CORROBORATED INFORMATION IS DEVELOPED IN-
DICATING THAT THE VIOLATOR IS OR WAS RECENTLY A
SELLER, OR FREQUENTLY ASSOCIATES WITH INDIVID-
UALS KNOWN TO BE DISTRIBUTORS OF ILLEGAL CON-
TROLLED DANGEROUS SUBSTANCES OR PARAPHERNALIA;

(E)    CIRCUMSTANCES OF THE ARREST;

(F)    THE MANNER IN WHICH THE VEHICLE WAS BEING
USED.

(2)    A MOTOR VEHICLE USED IN VIOLATION OF THIS
SUBTITLE SHALL NOT BE SEIZED AND FORFEITURE
SHALL NOT BE RECOMMENDED TO THE STATE'S ATTOR-
NEY WHEN:

(I)    THE MOTOR VEHICLE IS BEING USED BY A MEM-
BER OF THE FAMILY OTHER THAN THE REGISTERED
OWNER AND CONTROLLED DANGEROUS SUBSTANCES OR
PARAPHERNALIA ARE LOCATED THEREIN IN A QUANTITY
INSUFFICIENT TO SUGGEST A SALE IS CONTEMPLATED,
AND WHERE NO SALE WAS MADE OR ATTEMPTED, AND
THE REGISTERED OWNER NEITHER KNEW NOR SHOULD
HAVE KNOWN THAT SUCH MATERIAL WAS IN THE MOTOR
VEHICLE;

(II)    AN INNOCENT REGISTERED OWNER LENDS HIS
MOTOR VEHICLE TO ANOTHER AND THE LATTER OR SOME-
ONE INVITED INTO THE MOTOR VEHICLE BY SUCH PER-
SON CAUSES CONTROLLED DANGEROUS SUBSTANCES OR
PARAPHERNALIA TO BE BROUGHT INTO THE VEHICLE
WITHOUT THE KNOWLEDGE OF THE OWNER.

(III)    THE MOTOR VEHICLE FALLS WITHIN THE PROVI-
SIONS OF SECTION 297(A) (4) (A) OR (B).

(3)    FORFEITURE OF THE MOTOR VEHICLE USED IN
VIOLATION OF THIS SUBTITLE SHALL BE RECOMMENDED
TO THE STATE'S ATTORNEY ONLY AFTER THE CHIEF LAW
ENFORCEMENT OFFICER OF THE POLICE DEPARTMENT,
BUREAU OR FORCE WHICH SEIZED THE MOTOR VEHICLE
HAS PERSONALLY REVIEWED THE FACTS AND CIRCUM-