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Ch. 26
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2002 LAWS OF MARYLAND
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Criminal Law Article Review Committee brings this addition to the
attention of the General Assembly.
In subsection (b) of this section, the former reference to the power of a
judge of this State to issue warrants "within his jurisdiction" is deleted as
surplusage.
Also in subsection (b) of this section, the former reference to a showing of
administrative probable cause "upon proper oath or affirmation" is deleted
as implicit in the reference in subsection (b) to "[o]n showing" and the
requirement in subsection (c)(1)(ii) that the affiant "[swear] to [facts]
before the judge".
Also in subsection (b) of this section, the former reference to inspections
authorized by this subheading "or regulations thereunder" is deleted as
included in the reference to "inspections authorized by this title".
In subsection (c)(1) of this section, the former reference to an officer or
employee who is "duly" designated is deleted as surplusage.
In subsection (c)(2)(iii) of this section, the former reference to the type of
property to be inspected "if any" is deleted as unnecessary in light of the
reference to seizing property "where appropriate".
Defined term: "Person" § 1-101
5-805. INSPECTIONS.
(A) "CONTROLLED PREMISES" DEFINED.
IN THIS SECTION, "CONTROLLED PREMISES" MEANS:
(1) A PLACE WHERE A REGISTRANT OR PERSON EXEMPTED FROM
REGISTRATION REQUIREMENTS UNDER THIS TITLE IS REQUIRED TO KEEP RECORDS;
OR
(2) A PLACE, INCLUDING A FACTORY, WAREHOUSE, ESTABLISHMENT, OR
CONVEYANCE, WHERE A REGISTRANT OR PERSON EXEMPTED FROM REGISTRATION
REQUIREMENTS UNDER THIS TITLE MAY POSSESS, MANUFACTURE, COMPOUND,
PROCESS, SELL, DELIVER, OR DISPOSE OF A CONTROLLED DANGEROUS SUBSTANCE.
(B) INSPECTIONS ALLOWED.
THE DEPARTMENT MAY MAKE ADMINISTRATIVE INSPECTIONS OF CONTROLLED
PREMISES IN ACCORDANCE WITH THIS SECTION AND DESIGNATE THOSE WHO MAY
SEIZE PROPERTY UNDER THIS SECTION.
(C) INSPECTIONS IN CONTROLLED PREMISES.
AN OFFICER OR EMPLOYEE DESIGNATED BY THE DEPARTMENT MAY ENTER
CONTROLLED PREMISES TO CONDUCT AN ADMINISTRATIVE INSPECTION:
(1) WHEN AUTHORIZED BY AN ADMINISTRATE INSPECTION WARRANT
ISSUED UNDER § 5-804 OF THIS SUBTITLE; AND
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- 476 -
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