clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 2004
Volume 801, Page 749   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

ROBERT L. EHRLICH, JR., Governor                            Ch. 194

apartment, premises, place, or thing and to seize any property found subject to
seizure under the criminal laws of the State; and

(ii) name or describe, with reasonable particularity:

1. the person, building, apartment, premises, place, or thing

to be searched;

2.       the grounds for the search; and

3.       the name of the applicant on whose application the search
warrant was issued.

(4) (i) The search and seizure under the authority of a search warrant
shall be made within 15 calendar days after the day that the search warrant is issued.

(ii) After the expiration of the 15-day period, the search warrant is
void.

(b) (1) A circuit court judge or District Court judge shall cause property
taken under a search warrant to be restored to the person from whom it was taken if,
at any time, on application to the judge, it appears that:

(i) the property taken is not the same as that described in the
search warrant;

(ii) there is no probable cause for believing the existence of the
grounds on which the search warrant was issued; or

(iii) the property was taken under a search warrant issued more
than 15 calendar days before the seizure.

(2)     The judge may receive an oral motion made in open court at any time
making application for the return of seized property if the application for return is
based on any ground described in paragraph (1) of this subsection.

(3)     If the judge grants the oral motion described in paragraph (2) of this
subsection, the order of the court shall be in writing and a copy of the order shall be
sent to the State's Attorney.

(4)     Court costs may not be assessed against the person from whom the
property was taken if:

(i) the judge denies the oral motion and requires the person from
whom the property was taken to proceed for return of the seized property by petition
and an order to show cause to the police authority seizing the property; and

(ii) it is later ordered that the property be restored to the person
from whom it was taken.

(5)     If the judge finds that the property taken is the same as that
described in the search warrant and that there is probable cause for believing the

- 749 -

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 2004
Volume 801, Page 749   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 17, 2024
Maryland State Archives