MARVIN MANDEL, Governor

1927

said judge must cause it to be restored to the person
from whom it was taken[; but]. IN THE DISCRETION OF THE
JUDGE, AN ORAL MOTION MADE IN OPEN COURT MAY BE RECEIVED
AT ANY TIME MAKING APPLICATION FOR THE RETURN OF SEIZED
PROPERTY IF THE APPLICATION FOR RETURN IS BASED ON THE
GROUNDS 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 15 CALENDAR DAYS PRIOR
TO THE SEIZURE. IF THE JUDGE GRANTS THE ORAL MOTION, THE
ORDER OF THE COURT SHALL BE IN WRITING AND A COPY OF THE
ORDER SHALL BE SENT TO THE STATE'S ATTORNEY. IF THE JUDGE
REJECTS THE PROFFER OF AN ORAL MOTION AND REQUIRES THE
PERSON FROM WHOM THE PROPERTY WAS TAKEN TO PROCEED FOR
RETURN OF THE SEIZED PROPERTY BY PETITION AND AN ORDER TO
SHOW CAUSE TO THE POLICE AUTHORITY SEIZING THE PROPERTY
AND IT IS SUBSEQUENTLY ORDERED THAT THE PROPERTY BE
RESTORED TO THE PERSON FROM WHOM IT WAS TAKEN, [[THE
POLICE AUTHORITY SEIZING THE PROPERTY SHALL PAY ALL
COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY
THE PARTY FROM WHOM THE PROPERTY WAS TAKEN IN HAVING THAT
PROPERTY RETURNED]] COURT COSTS SHALL NOT BE ASSESSED
AGAINST THE PETITIONER. HOWEVER, 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]] If the criminal case in which property
of a person was seized pursuant to a search warrant
issued under subsection (a) of this section is disposed
of because of (i) an entry of nolle prosequi, (ii)
dismissal, or (iii) acquittal, or if the State does not
appeal such a criminal case or if the time for appeal has
expired, all property of the person, except contraband or
any property prohibited by law from being recoverable,
may be returned to the person to whom it belongs without
the necessity of that person instituting an action for
replevin or any other legal proceeding against the agency
having custody of the property.

(C) (1) IF, AT ANY TIME, ON APPLICATION TO A
JUDGE OF THE CIRCUIT COURT OF ANY COUNTY OR OF THE
CRIMINAL COURT OF BALTIMORE CITY OR JUDGE OF THE DISTRICT
COURT, IT IS FOUND THAT PROPERTY RIGHTFULLY TAKEN UNDER A
SEARCH WARRANT IS BEING WRONGFULLY WITHHELD AFTER THERE
IS NO FURTHER NEED FOR RETENTION OF THE PROPERTY, THE
JUDGE MUST CAUSE IT TO BE RESTORED TO THE PERSON FROM
WHOM IT WAS TAKEN.

(2) IN THE DISCRETION OF THE JUDGE, AN ORAL
MOTION MADE IN OPEN COURT MAY BE RECEIVED AT ANY TIME
MAKING APPLICATION FOR THE RETURN OF SEIZED PROPERTY IF
THE APPLICATION FOR RETURN IS BASED ON THE GROUNDS THAT
THE PROPERTY, ALTHOUGH RIGHTFULLY TAKEN UNDER A SEARCH