Ch. 285                                           LAWS OF MARYLAND

located which would reasonably indicate that sale is contemplated
by the violator; or

(iii) The total circumstances of the case
dictate that seizure and forfeiture is justified; these
circumstances would include such factors as the following:

[(a)] 1. The possession of a controlled
dangerous substances;

[(b)] 2. An extensive criminal record of
the violator;

[(c)] 3. A previous conviction of the
violator for a controlled dangerous substances violation;

[(d)] 4. Corroborated information is

developed indicating that the violator is or was recently a

seller, or frequently associates with individuals known to be

distributors of illegal controlled dangerous substances or
paraphernnalia;

[(e)] 5. Circumstances of the arrest; or

[(f)] 6. 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] FORFEITING AUTHORITY 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] DID NOT KNOW 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; or

(iii) The motor vehicle falls within the
provisions of [§ 297 (a) (4) (i) or (ii)] SUBSECTION (B)(4)(I) OR
(II) OF THIS SECTION.---------- ----------------------------

(3) Forfeiture of the motor vehicle used in violation
of this subtitle shall be recommended to the [State's Attorney]
FORFEITING AUTHORITY only after the chief law enforcement officer
of the police department, bureau, or force that seized the motor

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