758 LAWS OF MARYLAND [Ch. 4
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. All references to game are proposed
for deletion because a similar provision
appears in Title 10. The present provision
relating to execution of the warrant is
proposed for deletion and a reference to
Rule 707 of the Maryland Rules of Procedure
and the Maryland District Rules is
substituted therefor. This substitution
merely codifies the present department
practice and does not change the statutory
meaning substantively because Natural
Resources Police officers have all the
powers and authorities of State police
officers. The only other changes made are
in style.
4-1204. SEARCH WITHOUT WARRANT; WARRANTLESS SEARCH OF
AUTOMOBILE; EXCEPTIONS.
(A) SEARCH WITHOUT WARRANT. IF A NATURAL
RESOURCES POLICE OFFICER OR ANY LAW ENFORCEMENT
OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT ANY FISH OR
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 FISH OR DEVICE, THEN HE
MAY EXAMINE WITHOUT A WARRANT ANY BOAT, RAILWAY CAR,
BOX, CRATE, PACKAGE, OR GAME BAG.
(E) WARRANTLESS SEARCH OF AUTOMOBILES. - IN THIS
EVENT, A NATURAL RESOURCES POLICE OFFICER, IN UNIFORM
OR ACCOMPANIED BY UNIFORMED POLICE OFFICER, MAY STOP
AND SEARCH AN AUTOMOBILE, ANY VEHICLE, OR TRAILER FOR
THE PURPOSE OF EXAMINING THE FISH BAG. HE ALSO MAY
DETERMINE WHETHER THE PERSON HAS AN APPROPRIATE
LICENSE.
(C) EXCEPTIONS. - HOWEVER, THIS SECTION DOES NOT
PERMIT ENTERING A DWELLING HOUSE WITHOUT FIRST
PROCURING A SEARCH WARRANT.
REVISOR'S NOTE: Subsections (a) and (b) presently
appear as Article 66C, section 121(b) of
the Code. New language is added to refer
to all licenses issued pursuant to the
provisions of Title 4 instead of only an
angler's license. New language is added
pursuant to Chapter 348, Acts of 1972, to
|