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H.B. 1059 VETOES
(i) §§ 5-601 through 5-609, §§ 5-612 through 5-614, § 5-617, §
5-619, or § 5-628 of the Criminal Law Article, relating to controlled dangerous
substances;
(ii) § 2-201 or § 2-204 of the Criminal Law Article, relating to
murder; or
(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.
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