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Session Laws, 1982
Volume 742, Page 4432   View pdf image
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4432

LAWS OF MARYLAND

Ch, 820

(2) The State's Attorney of Baltimore City may
petition the Circuit Court [or Circuit Court No. 2 of the
Supreme Bench of] FOR Baltimore City to enjoin any violation
of this section.

551.

(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 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 the re is probably 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 the
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, premises, 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 15 calendar days from the date of the issuance
thereof and after the expiration of the 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 15 calendar days
prior to the seizure, said judge must cause it to be
restored to the person from whom it was taken. 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

 

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Session Laws, 1982
Volume 742, Page 4432   View pdf image
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