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ROBERT L. EHRLICH, JR., Governor
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Ch. 560
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[2.] B. contains facts within the personal knowledge of the
affiant that there is probable cause.
(II) AN APPLICATION FOR A SEARCH WARRANT MAY CONTAIN A
REQUEST THAT THE SEARCH WARRANT AUTHORIZE THE EXECUTING LAW
ENFORCEMENT OFFICER TO ENTER THE BUILDING, APARTMENT, PREMISES, PLACE,
OR THING TO BE SEARCHED WITHOUT GIVING NOTICE OF THE OFFICER'S
AUTHORITY OR PURPOSE, ON THE GROUNDS THAT THERE IS REASONABLE
SUSPICION TO BELIEVE THAT, WITHOUT THE AUTHORIZATION:
1. THE PROPERTY SUBJECT TO SEIZURE MAY BE
DESTROYED, DISPOSED OF, OR SECRETED; OR
2. THE LIFE OR SAFETY OF THE EXECUTING OFFICER OR
ANOTHER PERSON MAY BE ENDANGERED.
(3) The search warrant shall:
(i) be directed to a duly constituted police officer, the State Fire
Marshal, or a full-time investigative and inspection assistant of the Office of the
State Fire Marshal and authorize the police officer, the State Fire Marshal, or a
full-time investigative and inspection assistant of the Office of the State Fire
Marshal to search the suspected person, building, apartment, premises, place, or
thing and to seize any property found subject to seizure under the criminal laws of the
State; [and]
(ii) name or describe, with reasonable particularity:
1. the person, building, apartment, premises, place, or thing
to be searched;
2. the grounds for the search; and
3. the name of the applicant on whose application the search
warrant was issued; AND
(III) IF WARRANTED BY APPLICATION AS DESCRIBED IN PARAGRAPH
(2) OF THIS SUBSECTION, AUTHORIZE THE EXECUTING LAW ENFORCEMENT OFFICER
TO ENTER THE BUILDING, APARTMENT, PREMISES, PLACE, OR THING TO BE
SEARCHED WITHOUT GIVING NOTICE OF THE OFFICER'S AUTHORITY OR PURPOSE.
(4) (i) The search and seizure under the authority of a search warrant
shall be made within 15 calendar days after the day that the search warrant is issued.
(ii) After the expiration of the 15-day period, the search warrant is
void.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply only prospectively and may not be applied or interpreted to have
any effect on or application to any application for a search warrant made before the
effective date of this Act.
- 3213 -
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