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Ch. 484 2005 LAWS OF MARYLAND
(iii) § 11-207 or § 11-208 of the Criminal Law Article, relating to
pornography.]
[(2)] Notwithstanding any provision of the Maryland Rules, a circuit court
judge or District Court judge, on a finding of good cause, may order that an affidavit
presented in support of a search and seizure warrant be sealed for a period not
exceeding [30] 60 days.
[(3)] (2) A finding of good cause required by paragraph [(2)] (1) of this
subsection is established by evidence that:
(i) the criminal investigation to which the affidavit is related is of
a continuing nature and likely to yield further information that could be of use in
prosecuting alleged criminal activities; and
(ii) the failure to maintain the confidentiality of the investigation
would:
1. jeopardize the use of information already obtained in the
investigation;
2. impair the continuation of the investigation; or
3. jeopardize the safety of a source of information.
(3) A COURT MAY GRANT ONE OR MORE 45 DAY EXTENSIONS 30-DAY
EXTENSION OF THE TIME THAT AN AFFIDAVIT PRESENTED IN SUPPORT OF A SEARCH
AND SEIZURE WARRANT IS TO REMAIN SEALED IF:
(I) LAW ENFORCEMENT PROVIDES CONTINUED EVIDENCE AS
DESCRIBED IN PARAGRAPH (2) OF THIS SUBSECTION; AND
(II) THE COURT MAKES A FINDING OF GOOD CAUSE BASED ON THE
EVIDENCE.
(4) After the order sealing the affidavit expires, the affidavit shall be:
(i) unsealed; and
(ii) delivered within 15 days:
1. to the person from whom the property was taken; or
2. if that person is not on the premises at the time of delivery,
to the person apparently in charge of the premises from which the property was
taken.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2005.
Approved May 26, 2005.
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