|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2460
|
|
|
|
|
|
Ch. 552
|
|
|
|
|
LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
THE STATE; AND NO SUCH MONEY OR CURRENCY SHALL BE
RETURNED TO ANY PERSON CLAIMING IT, OR TO ANY OTHER
PERSON, EXCEPT IN THE MANNER HEREINAFTER PROVIDED.
(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)] 180 90 days from
the date of final disposition of criminal proceedings
which arise out of Article 27, § 276 through § 302
inclusive.
(i) All applications for the
forfeiture of money or currency contraband shall be made
by the director of finance of Baltimore City [or by], the
county treasurer, MUNICIPAL TREASURER, OR THE ATTORNEY
GENERAL. [and such] THE applications shall be by
petition, affidavit and show cause order AND SHALL BE
FILED IN THE DISTRICT COURT OR CIRCUIT COURT OF THE
COUNTY OR IN THE DISTRICT COURT OF BALTIMORE CITY OR A
LAW COURT OF THE SUPREME BENCH OF BALTIMORE CITY.
(ii) The petition, affidavit and show
cause order shall be served in the first instance
pursuant to Rule 104 of the Maryland Rules of Procedure
or Rule No. 104 of the Maryland District Rules, and
thereafter, the summons having been returned non est, the
director of finance of Baltimore City, [or] county
treasurer, MUNICIPAL TREASURER, OR ATTORNEY GENERAL may
proceed pursuant to Rule 105 b, subsection 2 and
subsection 3 of the Maryland Rules of Procedure as
amended, or Rule No. 104 h of the Maryland District
Rules.
(d) Whenever property is forfeited under this
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
