WILLIAM DONALD SCHAEFER, Governor                   Ch. 743

for return is based on the grounds that the property taken is not
the same as that described in the warrant, or that there is no
probable cause for believing the existence of the grounds on
which the warrant was issued, or that the property was taken
under a warrant issued more than 15 calendar days prior to the
seizure. If the judge grants the oral motion, the order of the
court shall be in writing and a copy of the order shall be sent
to the State's attorney. If the judge rejects the proffer on an
oral motion and requires the person from whom the property was
taken to proceed for return of the seized property by petition
and an order to show cause to the police authority seizing the
property and it is subsequently ordered that the property be
restored to the person from whom it was taken, court costs shall
not be assessed against the petitioner. However, if it appears
that the property taken is the same as that described in the
warrant and that there is probable cause for believing the
existence of the grounds on which the warrant was issued, then
said judge shall order the same retained in the custody of the
person seizing it or to be otherwise disposed of according to
law.

(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, or 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, 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.

(c)  (1) If, at any time, on application to a judge of the
circuit court of any county or judge of the District Court, it is
found that property rightfully taken under a search warrant is
being wrongfully withheld after there is no further need for
retention of the property, the judge must cause it to be restored
to the person from whom it was taken.

(2)  In the discretion of the judge, an oral motion
made in open court may be received at any time making application
for the return of seized property if the application for return
is based on the grounds that the property, although rightfully
taken under a search warrant, is being wrongfully withheld after
there is no further need for retention of the property. If the
judge grants the oral motion, the order of the court shall be in
writing and a copy of the order shall be sent to the State's
attorney.

(3)  If the judge rejects the proffer of an oral
motion and requires the person from whom the property was taken
to proceed for return of the seized property by petition and an

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