MARVIN MANDEL, Governor                                 2263

PROCEDURE AS AMENDED, OR RULE NO. 104H OF THE MARYLAND
DISTRICT RULES.

(d) If the trial or other ultimate disposition of
such charge or charges, indictment or indictments,
results in an acquittal [or other final determination of
such proceedings] OR DISMISSAL in favor of the person or
persons so arrested, in connection with which the [said]
money, currency or cash may have been so seized or
captured, the same shall be returned to the person from
whom taken on the expiration of ninety days from such
acquittal [or other final determination,] OR DISMISSAL,
unless some other person or persons claiming to own any
or all of the [said] money, currency, or cash shall have,
within ninety days from the date of the record of the
entry of such acquittal [or other final determination,]
OR DISMISSAL applied to the circuit court of the county,
for an order declaring and ordering that such money,
currency or cash in the custody of the director of
finance or county treasurer is the property of the person
or persons so applying and should be returned to him or
them forthwith by the [said] director of finance or
treasurer. In the event some other person or persons so
apply, the court shall hear and determine the issue as in
other cases at law.

297.

(b) Any property subject to forfeiture under this
subheading may be seized upon process issued by any court
having jurisdiction over the property except that seizure
without such process may be made when—

(1)    The seizure is incident to an arrest or a
search under a search warrant or an inspection under an
administrative inspection warrant;

(2)    The property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal injunction or forfeiture proceeding under this
subheading;

(3)   There is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety; or

(4)    There is probable cause to believe that the
property has been used or intended to be used in
violation of this subheading.

In the event of seizure pursuant to paragraphs (3)
and (4) of this subsection, proceedings under subsection
(d) of this section shall be instituted promptly, EXCEPT
ALL PROCEEDINGS RELATING TO MONEY OR CURRENCY, WHICH
SHALL BE INSTITUTED WITHIN NINETY (90) DAYS FROM THE DATE
OF FINAL DISPOSITION OF CRIMINAL PROCEEDINGS WHICH ARISE
OUT OF ARTICLE 27, SECTION 276 THROUGH SECTION 302
INCLUSIVE.