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PARRIS N. GLENDENING, Governor
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Ch. 26
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(1) AN ADMINISTRATIVE INSPECTION WARRANT ISSUED IN
ACCORDANCE WITH THIS SECTION SHALL BE EXECUTED AND RETURNED WITHIN 10
DAYS AFTER ITS DATE.
(2) IF PROPERTY IS SEIZED IN ACCORDANCE WITH AN ADMINISTRATIVE
INSPECTION WARRANT, THE PERSON WHO EXECUTES THE WARRANT:
(I) SHALL GIVE TO THE PERSON FROM WHOM OR FROM WHOSE
PREMISES THE PROPERTY WAS TAKEN A COPY OF THE WARRANT AND A RECEIPT FOR
THE PROPERTY TAKEN; OR
(II) SHALL LEAVE THE COPY AND RECEIPT AT THE PLACE FROM
WHICH THE PROPERTY WAS TAKEN.
(3) THE WARRANT SHALL BE RETURNED PROMPTLY AND BE
ACCOMPANIED BY A WRITTEN INVENTORY OF ANY PROPERTY TAKEN.
(4) THE INVENTORY SHALL BE MADE IN THE PRESENCE OF THE PERSON
EXECUTING THE WARRANT AND:
(I) THE PERSON FROM WHOSE POSSESSION OR PREMISES THE
PROPERTY WAS TAKEN; OR
(II) IF THAT PERSON IS NOT PRESENT, AT LEAST ONE OTHER
CREDIBLE PERSON.
(5) ON REQUEST, THE JUDGE SHALL DELIVER A COPY OF THE
INVENTORY TO:
(I) THE PERSON FROM WHOM OR FROM WHOSE PREMISES THE
PROPERTY WAS TAKEN; AND
(II) THE APPLICANT FOR THE WARRANT.
(6) A JUDGE WHO ISSUES AN ADMINISTRATIVE INSPECTION WARRANT
UNDER THIS SECTION SHALL:
(I) ATTACH TO THE WARRANT A COPY OF THE RETURN AND ALL
PAPERS FILED IN CONNECTION WITH THE RETURN; AND
(II) FILE THEM WITH THE CLERK OF THE COURT FROM WHICH THE
WARRANT WAS ISSUED.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 294(a).
In subsections (a), (b), and (c)(2) of this section, the references to
"administrative" probable cause are added to distinguish the standard for
issuance of an administrative inspection warrant under this section from
the standard of probable cause for issuance of search warrants in criminal
matters. See, e.g., U.S. v. Leon, 468 U.S. 897 (1984); Andresen v. Maryland,
427 U.S. 463 (1976); cf. Frank v. Maryland, 359 U.S. 360 (1959). The
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- 475 -
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