Ch. 743

LAWS OF MARYLAND

(e)  Circumstances of the arrest;

(f)  The manner in which the vehicle was
being used.

(2)  A motor vehicle used in violation of this
subtitle shall not be seized and forfeiture shall not be
recommended to the State's attorney when:

(i) The motor vehicle is being used by a member
of the family other than the registered owner and controlled
dangerous substances or paraphernalia are located therein in a
quantity insufficient to suggest a sale is contemplated, and
where no sale was made or attempted, and the registered owner
neither knew nor should have known that such material was in the
motor vehicle;

(ii) An innocent registered owner lends his
motor vehicle to another and the latter or someone invited into
the motor vehicle by such person causes controlled dangerous
substances or paraphernalia to be brought into the vehicle
without the knowledge of the owner.

(iii) The motor vehicle falls within the
provisions of § 297(a)(4)(i) or (ii).

(3)  Forfeiture of the motor vehicle used in violation
of this subtitle shall be recommended to the State's Attorney
only after the chief law-enforcement officer of the police
department, bureau, or force that seized the motor vehicle has
determined from the records of the motor vehicle administration
the names and addresses of all registered owners and secured
parties as defined in the Code, has personally reviewed the facts
and circumstances of the seizure and has personally determined,
according to the above guidelines, that forfeiture is warranted
and so represents in writing to the appropriate State's Attorney.

(g) If the State's Attorney determines independent of the
decision of the police department, bureau, or force that seized
the motor vehicle that the motor vehicle falls within the purview
of subsection (f)(2)(i), (ii) or (iii) or that the standards to
be utilized pursuant to subsection (f)(1) were not met, the
State's Attorney shall surrender the vehicle upon request to the
owner.

(h) (1) If the State's Attorney determines after the
recommendation of the chief law enforcement officer of the police
department, bureau, or force that seized the motor vehicle that
the motor vehicle should be forfeited to the State, the State's
Attorney, within 45 days after the seizure of the motor vehicle,
shall:

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