|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 26
|
|
|
|
|
|
2002 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
In subsection (a)(1) of this section, the former reference that a person "has
reason to believe" that a violation has occurred is deleted as implicit in the
reference that an affiant "believes" that a violation has occurred.
In subsection (b)(1) of this section, the reference to a "law enforcement"
officer is added for consistency.
In subsection (b)(2) of this section, the former reference to a judge
"caus[ing] him to be brought before him for trial" is deleted as implicit in
the reference to an "arrest".
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that the requirements for issuing a warrant
under this section appear not to comport with the minimum standards for
issuance of a warrant under the Fourth Amendment to the U.S.
Constitution, in that there is no requirement to show probable cause for
the issuance. See, e.g., Illinois v. Gates, 462 U.S. 263 (1983); U.S. v. Leon,
468 U.S. 897 (1984).
Defined terms: "Person" § 1-101
"Returnable container" § 19-301
"Returnable textile" § 19-301
19-306. CHARGING DOCUMENT.
(A) IN GENERAL.
IN A PROSECUTION UNDER THIS SUBTITLE, A CHARGING DOCUMENT IS
SUFFICIENT IF IT:
(1) DESCRIBES THE RETURNABLE CONTAINER OR RETURNABLE
TEXTILE IN A WAY THAT ALLOWS ITS IDENTIFICATION;
(2) AFFIRMS THAT THE RETURNABLE CONTAINER OR RETURNABLE
TEXTILE IS DISTINCTLY MARKED AND REGISTERED UNDER THIS SUBTITLE; AND
(3) GIVES THE NAME OF THE OWNER OF THE RETURNABLE CONTAINER
OR RETURNABLE TEXTILE, THE PERSON USING THE RETURNABLE CONTAINER OR
RETURNABLE TEXTILE THROUGH REGISTRATION, OR, IF APPLICABLE, THE
TRANSFEREE.
(B) PARTICULARS NOT REQUIRED.
IN A PROSECUTION UNDER THIS SUBTITLE, A CHARGING DOCUMENT NEED
NOT:
(1) STATE OR DESCRIBE THE NAME, MARK, OR DEVICE ATTACHED,
IMPRESSED, OR IMPRINTED ON A RETURNABLE CONTAINER OR RETURNABLE
TEXTILE; OR
(2) STATE THE PARTICULARS OF THE REGISTRATION OF THE
RETURNABLE CONTAINER OR RETURNABLE TEXTILE OR OF THE ASSIGNMENT OR
TRANSFER OF THE REGISTRATION.
|
|
|
|
|
|
|
|
|
|
- 1062 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
