WILLIAM DONALD SCHAEFER, Governor Ch. 285

(9) IN THE MANNER PROVIDED UNDER SUBSECTIONS (L) AND
(M) OF THIS SECTION, ALL REAL PROPERTY; AND

[(9)] (10) Everything of value furnished, or intended
to be furnished in exchange for a controlled dangerous substance
in violation of this subheading, all proceeds traceable to such
an exchange, and all negotiable instruments and securities used,
or intended to be used, to facilitate any violation of this
subheading. [However, property may not be forfeited under this
paragraph, to the extent of the interest of a any owner, by reason
of any act or omission established by the owner to have been
committed or omitted without the owner's knowledge or consent.]

(C) PROPERTY OR AN INTEREST IN PROPERTY DESCRIBED UNDER
SUBSECTION (B)(4), (9), AND (10) OF THIS SECTION MAY NOT BE

FORFEITED IF THE OWNER ESTABLISHES BY A PREPONDERANCE OF THE

EVIDENCE THAT THE VIOLATION OF THIS SUBHEADING WAS DONE WITHOUT
THE OWNER'S ACTUAL KNOWLEDGE OR CONSENT.

[(b)] (D) (1) Any property subject to forfeiture under this
subheading may be issued upon process issued by any court having
jurisdiction over the property except that seizure without such
process may be made when:

(i) The seizure is incident to an arrest or a
search under a search warrant or an inspection under an
administrative inspection warrant;

(ii) The property subject to seizure has been
the subject of a prior judgment in favor of the State in a
criminal injunction or forfeiture proceeding under this
subheading;

(iii) There is probable cause to believe that
the property is directly or indirectly dangerous to health or
safety; or                       

(iv) There is probable cause to believe that
the property has been used on intended to be used in violation of
this subheading.

(2) In the event of seizure pursuant to paragraph
(1)(iii) and (iv) of this subsection, proceedings under
subsection [(d)] (F) of this section shall be instituted
promptly, except all proceedings relating to money or currency,
that shall be instituted within 90 days from the date of final
disposition of criminal proceedings that arise out of Article 27,
§§ 276 through 302, inclusive.

(i) All applications for the forfeiture of
money or currency contraband shall be made by the director of
finance of Baltimore City, the county treasurer OR APPROPRIATE:
COUNTY FINANCE OFFICER, municipal treasurer, or the Attorney

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