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Ch. 115
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656
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LAWS OF MARYLAND
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(2) BEFORE THE FILING OF A SEARCH WARRANT APPLICATION
WITH A COURT, IT SHALL BE SUBMITTED TO APPROVED BY THE ATTORNEY
GENERAL OF MARYLAND FOR APPROVAL AS TO ITS LEGALITY IN BOTH FORM
AND SUBSTANCE UNDER THE STANDARDS AND CRITERIA OF THIS SECTION;
AND A STATEMENT TO THIS EFFECT SHALL BE INCLUDED AS PART OF THE
APPLICATION.
(C) A JUDGE OF A COURT REFERRED TO IN SUBSECTION (A) OF
THIS SECTION MAY ISSUE THE WARRANT ON FINDING THAT:
(1) THE APPLICANT HAS SOUGHT ACCESS TO THE PROPERTY
FOR THE PURPOSE OF MAKING AN INSPECTION; AND
(I) AFTER REQUESTING, AT A REASONABLE TIME, THE
OWNER, TENANT, OR OTHER INDIVIDUAL IN CHARGE OF THE PROPERTY TO
ALLOW ACCESS, HAS BEEN DENIED ACCESS TO THE PROPERTY, OR
(II) AFTER MAKING A REASONABLE EFFORT, HAS BEEN
UNABLE TO LOCATE ANY OF THESE INDIVIDUALS;
(2) THE REQUIREMENTS OF SUBSECTION (B) OF THIS
SECTION ARE MET;
(3) THE OFFICIAL OR EMPLOYEE OF THE DEPARTMENT IS
AUTHORIZED OR REQUIRED BY LAW TO MAKE AN INSPECTION OF THE
PROPERTY FOR WHICH THE WARRANT IS SOUGHT; AND
(4) PROBABLE CAUSE FOR THE ISSUANCE OF THE WARRANT
HAS BEEN DEMONSTRATED BY THE APPLICANT BY SPECIFIC EVIDENCE OF AN
EXISTING VIOLATION OF ANY PROVISION OF THIS SUBTITLE OR ANY RULE
OR REGULATION ADOPTED UNDER THIS SUBTITLE OR BY SHOWING:
(I) THAT A REASONABLE ADMINISTRATIVE INSPECTION
PROGRAM EXISTS REGARDING CONTROLLED HAZARDOUS SUBSTANCES, AND
(II) THAT THE PROPOSED INSPECTION COMES WITHIN
THAT PROGRAM.
(D) IF THE APPLICANT FOR THE WARRANT DEMONSTRATES BY SWORN
AFFIDAVIT THAT THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION OF
THE LAW REGARDING CONTROLLED HAZARDOUS SUBSTANCES ENDANGERING THE
HEALTH, SAFETY, OR WELFARE OF ANY PERSON IS OCCURRING ON THE
PROPERTY FOR WHICH THE WARRANT IS SOUGHT, THE JUDGE MAY ISSUE THE
WARRANT WITHOUT REGARD TO THE REQUIREMENTS OF SUBSECTION (C)(1)
OF THIS SECTION.
(D) AN ADMINISTRATIVE SEARCH WARRANT ISSUED UNDER THIS
SECTION, SHALL SPECIFY THE PLACE, STRUCTURE, PREMISES, VEHICLE,
OR RECORDS TO BE INSPECTED. THE INSPECTION CONDUCTED MAY NOT
EXCEED THE LIMITS SPECIFIED IN THE WARRANT.
(E) AN ADMINISTRATIVE SEARCH WARRANT ISSUED UNDER THIS
SECTION AUTHORIZES THE APPLICANT AND OTHER OFFICIALS OR EMPLOYEES
OF THE DEPARTMENT TO ENTER THE SPECIFIED PROPERTY TO PERFORM THE
INSPECTION, SAMPLING, AND OTHER FUNCTIONS AUTHORIZED BY LAW TO
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