MARVIN MANDEL, Governor                                 1393

Article 38, section 4 of the Code.
10-1103. SEARCH WARRANT.

IF ANY NATURAL RESOURCES POLICE OFFICER OR ANY
LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE TO BELIEVE
THAT ANY PERSON POSSESSES ANY BIRD, MAMMAL, AMPHIBIAN,
OR REPTILE OR ANY DEVICE IN VIOLATION OF THIS TITLE,
THE OFFICER SHALL GO BEFORE ANY DISTRICT COURT JUDGE
OF THE COUNTY IN WHICH THE SPECIES OF WILDLIFE OR
DEVICE IS BELIEVED TO BE AND MAKE AFFIDAVIT TO THAT
FACT. IF THE JUDGE FINDS THE AFFIDAVIT LEGALLY
SUFFICIENT, HE SHALL ISSUE A SEARCH WARRANT AGAINST
THE PERSON COMPLAINED OF, DIRECTED TO THE OFFICER
MAKING THE AFFIDAVIT, COMMANDING HIM TO PROCEED AT
ONCE AND SEARCH FOR THE BIRD, MAMMAL, AMPHIBIAN, OR
REPTILE OR THE DEVICE AND, UPON FINDING IT, TO SEIZE,
TAKE POSSESSION, AND KEEP IT UNTIL FURTHER ORDER BY
THE JUDGE. THE WARRANT SHALL BE EXECUTED PURSUANT TO
THE MARYLAND RULES OF PROCEDURE OR THE MARYLAND
DISTRICT COURT RULES. THE WARRANT SHALL BE RETURNED
WITHIN FIVE DAYS FROM THE ISSUING DATE OR WITHIN A
SHORTER PERIOD OF TIME SET FORTH IN THE SEARCH
WARRANT.

REVISOR'S NOTE: This section is new langauge
modeled after an identical provision in
Title 4 (section 4-1203) relating to fish.
The phrase "bird, mammal, amphibian, or
reptile" is added, of course, to relate to
the subject matter of this title.

Title 1 (section 1-204) gives the Secretary
all the powers of a State police officer.
New language is added in this and
subsequent subsections to indicate that the
law enforcement officers may obtain a
warrant consistent with the provisions of
section 1-204.

A reference to the Maryland Pules of
Procedure and the Maryland District Court
Rules is added to codify the present
department practice. This addition does
not change the statutory meaning
substantively because Natural Resources
Police officers have all the powers and
authorities of State police officers.

10-1104. SEARCH WITHOUT WARRANT; WARRANTLESS SEARCH
OF AUTOMOBILE; EXCEPTIONS.