4036                                                        VETOES

circumstances when property should be returned, one where
the initial search and seizure had been perfectly proper but
where the criminal case had since been nolprossed or
dismissed or had resulted in an acquittal. Under such
circumstances, all property except contraband or any
property prohibited by law from being recoverable, may be
returned to the person to whom it belongs without the
necessity of that person instituting an action for replevin
or any other legal proceeding against the agency having
custody of the property." 54 Md. App. at 164.

That subsection "carefully exempts from its restoration provision
'contraband or any property prohibited by law from being
recoverable.'" 54 Md. App. at 172. It serves, in part, to
benefit the rightful owners of stolen property: "Here, the
rightful owner of stolen property could invoke the benefit of §
551, even following the possible acquittal of the thief." 54 Md.
App. at 164.

More significant, however, than its assistance in analyzing
§ 551 (b), the opinion serves to demonstrate the need to examine
the entirety of § 551 and its interplay with other statutory and
constitutional provisions. 2/ This bill underscores the
necessity to include other forfeiture provisions in this
analysis.

In sum, while House Bill 618 is hereby approved, it may well
raise interpretive problems with other statutes. We think it
clear that other aspects of § 551 are in need of thorough study,
as well, and this office will be happy to assist in a
comprehensive review.

Very truly yours,
Stephen H. Sachs
Attorney General

1/ Subsection (c) might apply if it is alleged that property
lawfully seized is being retained after there is no further
law enforcement need for its retention.

2/ There is another currently pending appeal dealing with
whether subsection (a) authorizes a Maryland circuit court
judge to issue a search warrant for evidence of a crime
committed outside Maryland. A circuit court judge ruled
that it does not, and the State Police have appealed the
order to return the evidence.

Very truly yours,
Stephen H. Sachs

House Bill No. 618