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Session Laws, 2003
Volume 799, Page 314   View pdf image
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Ch. 5

2003 LAWS OF MARYLAND

(3) PARTICULARLY DESCRIBE THE BUILDING OR PREMISES TO BE
SEARCHED AND THE NATURE, SCOPE, AND PURPOSE OF THE SEARCH TO BE
PERFORMED BY THE APPLICANT.

(C)     ISSUANCE OF WARRANT.

A JUDGE OF THE DISTRICT COURT OR A CIRCUIT COURT MAY ISSUE THE
WARRANT ON FINDING THAT:

(1)      THE APPLICANT IS AUTHORIZED OR REQUIRED BY LAW TO MAKE
THE INSPECTION;

(2)      THE APPLICANT HAS DEMONSTRATED THAT THE INSPECTION OF
THE PREMISES IS SOUGHT AS A RESULT OF:

(I)      EVIDENCE OF AN EXISTING VIOLATION OF THIS ARTICLE THAT
RELATES TO FIRE SAFETY, THE STATE FIRE PREVENTION CODE, OR A LOCAL FIRE
PREVENTION CODE, IF APPLICABLE; OR

(II)     A GENERAL AND NEUTRAL ADMINISTRATIVE PLAN TO
CONDUCT FIRE PREVENTION INSPECTIONS;

(3)      THE OWNER, TENANT, OR OTHER INDIVIDUAL IN CHARGE OF THE
PROPERTY HAS DENIED ACCESS TO THE PROPERTY, OR AFTER MAKING A
REASONABLE EFFORT, THE APPLICANT HAS BEEN UNABLE TO LOCATE ANY OF
THESE INDIVIDUALS; AND

(4)      THE INSPECTION IS SOUGHT FOR SAFETY RELATED PURPOSES.

(D)     CONTENTS OF WARRANT; SCOPE OF SEARCH.

(1)      AN ADMINISTRATIVE SEARCH WARRANT ISSUED UNDER THIS
SECTION SHALL SPECIFY THE BUILDING OR PREMISES TO BE SEARCHED.

(2)      THE INSPECTION CONDUCTED MAY NOT EXCEED THE LIMITS
SPECIFIED IN THE WARRANT.

(E)     EXECUTION AND RETURN.

AN ADMINISTRATIVE SEARCH WARRANT ISSUED UNDER THIS SECTION SHALL
BE EXECUTED AND RETURNED TO THE JUDGE WHO ISSUED IT WITHIN:

(1)      THE TIME SPECIFIED IN THE WARRANT, NOT EXCEEDING 30 DAYS;
OR

(2)      IF NO TIME PERIOD IS SPECIFIED IN THE WARRANT, 15 DAYS AFTER
ITS ISSUANCE.

(F)     INFORMATION OBTAINED CONFIDENTIAL.

INFORMATION OBTAINED IN ACCORDANCE WITH AN ADMINISTRATIVE SEARCH
WARRANT UNDER THIS SECTION IS CONFIDENTIAL AND MAY NOT BE DISCLOSED
EXCEPT:

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Session Laws, 2003
Volume 799, Page 314   View pdf image
 Jump to  
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