1394                                           LAWS OF MARYLAND                               [Ch. 4

(A) SEARCH WITHOUT WARRANT. - IF A NATURAL
RESOURCES POLICE OFFICER OR ANY LAW ENFORCEMENT
OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT ANY SPECIES
OF WILDLIFE OR ANY DEVICE IS POSSESSED IN VIOLATION OF
THIS TITLE, AND IT IS NOT POSSIBLE OR FEASIBLE TO
SECURE A SEARCH WARRANT IN TIME TO SEIZE THE BIRD,
MAMMAL, AMPHIBIAN, OR REPTILE OR THE DEVICE, THEN HE
MAY EXAMINE ANY BOAT, RAILWAY CAR, BOX, CRATE,
PACKAGE, OR GAME BAG WITHOUT A WARRANT.

(E) WARRANTLESS SEARCH OF AUTOMOBILES. - IN THIS
EVENT, A NATURAL RESOURCES POLICE OFFICES, IN UNIFORM
OR ACCOMPANIED BY A UNIFORMED POLICE OFFICER, MAY STOP
AND SEARCH AN AUTOMOBILE, ANY VEHICLE, OR TRAILER FOR
THE PURPOSE OF EXAMINING THE GAME BAGS. HE ALSO MAY
DETERMINE WHETHER THE PERSON HAS AN APPROPRIATE
LICENSE.

(C) EXCEPTIONS. - THIS SECTION DOES NOT PERMIT
ENTERING A DWELLING HOUSE WITHOUT FIRST PROCURING A
SEARCH WARRANT.

REVISOR'S NOTE: This section is new language
modeled after an identical provision
relating to fish in Title 4, derived from
section 121(b) of the Code.

Although this section and sections 10-1105
and 10-1106 may result in an un-
constitutional search and seizure, the
cases recently decided by the Supreme Court
would permit the seizure of wildlife found
within the offender's immediate control

pursuant to lawful arrest. See, e.g.,

Coolidge v. New Hampshire v. U.S., 403

U.S. 443 (1971). See also the revisor's
note to section 10—210(e). Any wider
seizure would seem to be unconstitutional.
Instead of preventing any potential
unconstitutional searches and seizures, the
staff decided to retain the present
language and let case law govern the
operation of this section.

10-1105. SEIZURE AND DISPOSITION OF ANY SPECIES OF
WILDLIFE UNLAWFULLY CAUGHT, SOLD, OFFERED FOR SALE,
TRANSPORTED, OR POSSESSED.

A NATURAL RESOURCES POLICE OFFICER OR ANY LAW
ENFORCEMENT OFFICER, UPON ARRESTING ANY PERSON FOR
VIOLATING ANY PROVISION OF THIS TITLE OR ANY RULE OR