Ch. 194

2004 LAWS OF MARYLAND

existence of the grounds on which the search warrant was issued, the judge shall
order the property to be retained in the custody of the police authority seizing it or to
be otherwise disposed of according to law.

(c)     (1) This subsection does not apply to contraband or other property
prohibited by law from being recoverable.

(2) Property seized under a search warrant issued under subsection (a)
of this section may be returned to the person to whom the property belongs without
the necessity of that person bringing an action for replevin or any other proceeding
against the unit with custody of the property if:

(i) the criminal case in which the property was seized is disposed of
because of a nolle prosequi, dismissal, or acquittal;

(ii) the State does not appeal the criminal case in which the
property was seized; or

(iii) the time for appeal has expired.

(d)     (1) A circuit court judge or District Court judge shall cause property
rightfully 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, the judge finds that the
property is being wrongfully withheld after there is no further need for retention of
the property.

(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 the ground that the property, although rightfully taken under a search
warrant, is being wrongfully withheld after there is no further need for retention of
the property.

(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 wrongfully withholding the
property; and

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

(e)     (1) This subsection applies to criminal investigations conducted by a law
enforcement unit, grand jury, or State's Attorney under Article 10, § 39A of the Code
into alleged criminal activities in violation of:

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