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Session Laws, 1988
Volume 770, Page 583   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 2

(3) SEIZE A CONVEYANCE BEING USED IN THE STATE TO
TRANSPORT CONTRABAND ALCOHOLIC BEVERAGES OR CONTRABAND
CIGARETTES.

(B) MOTOR FUEL.

A POLICE OFFICER OF THE STATE MAY:

(1)  SEIZE ANY CONTRABAND MOTOR FUEL IN THE STATE
WITHOUT A WARRANT;

(2)  STOP AND SEARCH A CONVEYANCE IN THE STATE FOR
CONTRABAND MOTOR FUEL IF THE OFFICER HAS PROBABLE CAUSE TO
BELIEVE THAT THE CONVEYANCE IS BEING USED TO CARRY CONTRABAND
MOTOR FUEL IN THE STATE; AND

(3)  SEIZE A CONVEYANCE BEING USED TO TRANSPORT
CONTRABAND MOTOR FUEL.

REVISOR'S NOTE: This section is new language that, in part,
repeats the provisions of the first sentence of
present Art. 2B, § 3(f) and, in part, is derived
without substantive change from former Art. 56, §
138(b) and from the second clause of Art. 81, § 442
and the fifth sentence and first clause of the sixth
sentence of § 455.

Subsection (a)(1) of this section is revised so that
the phrase "without a warrant" applies to a seizure of
alcoholic beverages, as well as' to contraband
cigarettes.

In subsection (b)(2) of this section, the phrase "in
the State" is added for clarity.

In subsection (b)(3) of this section, the former
phrase "in violation of this article" is deleted as
unnecessary in light of the defined term "contraband
motor fuel".

Defined terms: "Comptroller" § 1-101
"Contraband alcoholic beverage" § 13-834
"Contraband cigarettes" § 13-834
"Contraband motor fuel" § 13-834
"Conveyance" § 13-834

13-836. NOTICES AND DELIVERY OF SEIZED PROPERTY.

(A) NOTICE OF RIGHT TO FILE CLAIM FOR RETURN PROPERTY.

(1) IF CONTRABAND ALCOHOLIC BEVERAGES OR CONTRABAND
CIGARETTES ARE SEIZED:

(I) THE COMPTROLLER OR POLICE OFFICER SHALL
GIVE A NOTICE OF SEIZURE TO THE PERSON FROM WHOM THE PROPERTY IS
SEIZED AT THE TIME OF THE SEIZURE; AND

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Session Laws, 1988
Volume 770, Page 583   View pdf image
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