WILLIAM DONALD SCHAEFER, Governor Ch. 743
10-1105.
A natural resources police officer or any law enforcement
officer, upon arresting any person for violating any provision of
this title or any rule or regulation promulgated pursuant to it,
may seize every bird, mammal, reptile, and amphibian unlawfully
caught, sold, offered for sale, transported, or possessed. The
Department may dispose of any seized species of wildlife at its
discretion.
10-1106.
(a) A natural resources police officer or any law
enforcement officer, upon arresting any person for violating any
provision of this title or any rule or regulation promulgated
pursuant to it, may seize any device, equipment, conveyance, or
property unlawfully used. If the owner or person in charge of the
seized device, equipment, conveyance, or property is convicted,
the court may declare the device, equipment, conveyance, or
property forfeited, in addition to any other penalty provided in
this title. Any forfeiture becomes the property of the Department
for disposition at its discretion. If the owner is not known, the
court may proceed ex parte to hear and determine any question of
forfeiture. If the owner or person charged with the violation is
not convicted, the device, equipment, conveyance, or property
seized shall be released and returned to him.
(b) The device, conveyance, or property may not be
forfeited if the owner was not a consenting party or privy to a
violation.
Article 27 - Crimes and Punishments
36C.
(a) The following items of property shall be subject to
seizure and forfeiture, and, upon forfeiture, no property right
shall exist in them:
(i) Any handgun being worn, carried, or transported
in violation of § 36B of this article.
(ii) All ammunition or other parts of or
appurtenances to any such handgun worn, carried, or transported
by such person or found in the immediate vicinity of such
handgun.
(b) (i) Any property subject to seizure under subsection (a)
hereof may be seized by any duly authorized law-enforcement
officer, as an incident to an arrest or search and seizure.
(ii) Any such officer seizing such property under
this section shall either place the property under seal or remove
- 3335 -
|
![clear space](../../../images/clear.gif) |