3150

LAWS OF MARYLAND

[Ch. 704

(A)    Whenever it be made to appear to any judge of
the Supreme Bench of Baltimore City, or to any judge of
any of the circuit courts in the counties of this State,
or to any judge of the District Court, by a written
application signed and sworn to by the applicant,
accompanied by an affidavit or affidavits containing
facts within the personal knowledge of the affiant or
affiants, that there is probable cause, the basis of
which shall be set forth in said affidavit or affidavits,
to believe that any misdemeanor or felony is being
committed by any individual or in any building,
apartment, premises, place or thing within the
territorial jurisdiction of such judge, or that any
property subject to seizure under the criminal laws of
the State is situated or located on the person of any
such individual or in or on any such building, apartment,
premises, place or thing, then such judge may forthwith
issue a search warrant directed to any duly constituted
policeman, or police officer authorizing him to search
such suspected individual, building, apartment, premises,
place or thing, and to seize any property found liable to
seizure under the criminal laws of this State, provided
that any such search warrant shall name or describe, with
reasonable particularity, the individual, building,
apartment, premise, place or thing to be searched, the
grounds for such search and the name of the applicant on
whose written application as aforesaid the warrant was
issued, and provided further that any search or seizure
under the authority of such search warrant, shall be made
within fifteen (15) calendar days from the date of the
issuance thereof and after the expiration of said fifteen
(15) day period said warrant shall be null and void. If,
at any time, on application to a judge of the circuit
court of any county or of the Criminal Court of Baltimore
or judge of the District Court, it appears that the
property taken is not the same as that described in the
warrant or that there is no probable cause for believing
the existence of the grounds on which the warrant was
issued, or that the property was taken under a warrant
issued more than fifteen (15) calendar days prior to the
seizure, said judge must cause it to be restored to the
person from whom it was taken; but if it appears that the
property taken is the same as that described in the
warrant and that there is probable cause for believing
the existence of the grounds on which the warrant was
issued, then said judge shall order the same retained in
the custody of the person seizing it or to be otherwise
disposed of according to law.

(B)    IF THE CRIMINAL CASE IN WHICH PROPERTY OF A
PERSON HAS SEIZED PURSUANT TO A SEARCH WARRANT ISSUED
UNDER SUBSECTION (A) OF THIS SECTION IS DISPOSED OF
BECAUSE OF (I) AN ENTRY OF NOLLE PROSEQUI [[OR ANY OTHER
FORM OF ABANDONMENT OR CANCELLATION OF PROSECUTION]],