4032

VETOES

May 29, 1984
The Honorable Benjamin L. Cardin
Speaker of the House of Delegates
State House
Annapolis, Maryland 21404

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the Maryland
Constitution, I have today vetoed House Bill 618.

This bill amends Article 27, Section 551 and adds new
Section 551A and would make mandatory the return of property
seized by police, the possession of which is not illegal per se
if a criminal case is disposed of by entry of a nolle prosequi,
dismissal or acquittal. Present Section 551 does not require but
permits the return of property which is neither contraband nor
prohibited by law from being recoverable.

There are several other statutes in Article 27 relating to
forfeiture and return of seized property. The statutes relating
to seizure in gambling cases and seizure of controlled dangerous
substances allow the seizure and forfeiture of all contraband
which is deemed to include money and automobiles among other
assets of the illegal enterprise. By requiring the return of
property which under the gambling and controlled dangerous
substances forfeiture statutes is deemed contraband, House Bill
618 could be interpreted to require the return of property which
often is a large amount of currency to a defendant when the
criminal charges against him are disposed of by entry of a nolle
prosequi for reasons other than the innocence of the defendant
such as his incarceration in a foreign jurisdiction.

I have received letters from the Chief Executives of five
jurisdictions, three State's Attorneys, the Maryland State's
Attorneys' Association, three Chief's of Police, and other law
enforcement officials that indicate that the mandatory return of
property which is often of evidentiary value could case severe
problems in many situations including: those where there are
multiple defendants, where there are charges pending in more than
one jurisdiction against a defendant, where a charge is dismissed
to correct a faulty charging document, or where the accused
becomes a fugitive from justice.

Also, I have today signed Senate Bill 589 which expedites
the procedure for forfeiture or return of motor vehicles seized
under the controlled dangerous substances law which increases the
likelihood that a motor vehicle could be ordered forfeited prior
to a resolution of the criminal charges. The resolution of the
situation where a law would mandate the return of property, when
the disposition of that property has already been resolved by the