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Session Laws, 1972
Volume 708, Page 1699   View pdf image
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Marvin Mandel, Governor                         1699

STANCES OF THE SEIZURE AND HAS PERSONALLY DE-
TERMINED, ACCORDING TO THE ABOVE GUIDELINES,
THAT FORFEITURE IS WARRANTED AND SO REPRESENTS
IN WRITING TO THE APPROPRIATE STATE'S ATTORNEY.

(c) (G) Upon the seizure of a motor vehicle as provided in this
section AND THE RECOMMENDATION OF FORFEITURE,
the State's Attorney for the county or City of Baltimore where the
seizure is made shall notify the Administrator of Motor Vehicles by
certified mail of the seizure and of the motor or serial number of the
motor vehicle seized. The Administrator shall promptly certify to
the State's Attorney the name and address of the owner. The term
"owner" in this subtitle includes lienholder as well as owner as those
terms are defined in Article 66½ of the Code.

(d) (H) The State's Attorney for the county or Baltimore City
where the seizure is made shall notify the owner of the motor vehicle
by certified mail of the seizure and of the determination by the State's
Attorney of whether the owner knew or should have known that the
motor vehicle was being, or was to be, used in the perpetration of or in
connection with a felony VIOLATION OF THIS SUBTITLE.

(e) (I) If the State's Attorney determines INDEPENDENT
OF THE DECISION OF THE POLICE DEPARTMENT, BUREAU
OR FORCE WHICH SEIZED THE MOTOR VEHICLE that the

owner neither knew nor should have known of the use or intended

use of the motor vehicle in violation of this section, STANDARDS

FOR SEIZURE AND FORFEITURE WERE NOT VIOLATED he
MOTOR VEHICLE FALLS WITHIN THE PURVIEW OF SUB-
SECTION (F)(2)(I), (II) OR (III) OR THAT THE STANDARDS
TO BE UTILIZED PURSUANT TO SUBSECTION (F)(1) WERE
NOT MET HE shall surrender the vehicle upon request to the owner.

(f) (J) If the State's Attorney determines that the vehicle should
be forfeited to the State, he shall petition the Circuit Court of the
county or the Supreme Bench of Baltimore City, as the case may be,
APPROPRIATE SUBDIVISION in the name of the State of
Maryland against the motor vehicle as designated by make,
model, year, and motor or serial number. The petition
shall allege the seizure and set forth in general terms the causes or
grounds of forfeiture. It shall also pray that the motor vehicle be
condemned as forfeited to the State and disposed of according to
law.

(g) (K) If the owner or owners of the vehicle are unknown or can-
not be found, notice of the seizure and intended forfeiture proceedings
shall be made by publication in one or more newspapers published in
the county in which the action is brought if there be one so published,
and if not, in a newspaper having a substantial circulation in said
county. In Baltimore City the notice shall be published in one or more
of the daily newspapers published, in the City. The notice shall state
the substance and object of the original petition and give notice of the
intended forfeiture proceedings.

(h) (L) Within 30 days after service of the notice of seizure and
intended forfeiture proceedings or within SO days after the date of
publication, the owner of the motor vehicle seized may file an answer
under oath to the petition.

(i) (M) If the owner of the seized motor vehicle desires to obtain
possession thereof before the hearing on the petition filed against


 

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Session Laws, 1972
Volume 708, Page 1699   View pdf image
 Jump to  
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