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Session Laws, 1984
Volume 759, Page 2862   View pdf image
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2862                                             LAWS OF MARYLAND                                         Ch. 549

[(8)] (9) Everything of value furnished, or intended
to be furnished, in exchange for a controlled dangerous substance
in violation of this subheading, all proceeds traceable to such
an exchange, and all negotiable instruments and securities used,
or intended to be used, to facilitate any violation of this
subheading. However, property may not be forfeited under this
paragraph, to the extent of the interest of any owner, by reason
of any act or omission established by the owner to have been
committed or omitted without the owner's knowledge or consent.

Property may not be forfeited under this paragraph, to
the extent of the interest of any owner, by reason of any act or
omission established by the owner to have been committed or
omitted without the owner's knowledge or consent.

(b) (1) Any property subject to forfeiture under this
subheading may be seized upon process issued by any court having
jurisdiction over the property except that seizure without such
process may be made when--

(i) The seizure is incident to an arrest or a
search under a search warrant or an inspection under an
administrative inspection warrant;

(ii) The property subject to seizure has     been

the subject of a prior judgment in favor of the State   in a

criminal injunction or forfeiture proceeding under       this
subheading;

(iii) There is probable cause to believe that
the property is directly or indirectly dangerous to health or
safety; or

(iv) There is probable cause to believe that
the property has been used or intended to be used in violation of
this subheading.

(2) In the event of seizure pursuant to paragraphs
(l)(iii) and (l)(iv) of this subsection, proceedings under
subsection (d) of this section shall be instituted promptly,
except all proceedings relating to money or currency, which THAT
shall be instituted within 90 days from the date of final
disposition of criminal proceedings which THAT arise out of
Article 27, § 276 through § 302 inclusive AND ALL PROCEEDINGS
RELATING TO MOTOR VEHICLES, FOR WHICH HEARING ON FORFEITURE
SHALL BE SCHEDULED NO MORE THAN 60 DAYS AFTER ANY CRIMINAL
CONVICTION OF THE DEFENDANT.

(i) All applications for the forfeiture of
money or currency contraband shall be made by the director of
finance of Baltimore City, the county treasurer, municipal
treasurer, or the Attorney General. The applications shall be by
petition, affidavit and show cause order and shall be filed in
the District Court or circuit court of the county.

 

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Session Laws, 1984
Volume 759, Page 2862   View pdf image
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