HARRY HUGHES, Governor                                         4037

AN ACT concerning

Search and Seizure - Return of Property

FOR the purpose of requiring that certain property which is
seized pursuant to a search warrant or which is seized
during a warrantless search shall be returned to the person
from whom it was seized if the case is disposed of by an
entry of a nolle prosequi, dismissal, or acquittal due to
,including one which results from the suppression of seized
evidence, which is not appealed; and generally relating to
return of seized property.

BY repealing and reenacting, with amendments,

Article 27 - Crimes and Punishments

Section 551(b)

Annotated Code of Maryland

(1982 Replacement Volume and 1983 Supplement)

BY adding to

Article 27 - Crimes and Punishments

Section 551A

Annotated Code of Maryland

(1982 Replacement Volume and 1983 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

551.

(b) If the criminal case in which property of a person was
seized pursuant to a search warrant issued under subsection (a)
of this section is disposed of because of (i) an entry of nolle
prosequi, (ii) dismissal, or (iii) acquittal DUE TO ,INCLUDING
ONE WHICH RESULTS FROM THE SUPPRESSION OF SEIZED EVIDENCE, [or]
AND if the State does not appeal such a criminal case or if the
time for appeal has expired, all property of the person, [except
contraband or any property prohibited by law from being
recoverable] THE POSSESSION OF WHICH IS NOT ILLEGAL PER SE, [may]
SHALL 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.

551A.

IF THE CRIMINAL CASE IN WHICH PROPERTY OF A PERSON WAS
SEIZED AS A RESULT OF A WARRANTLESS SEARCH IS DISPOSED OF BY (I)