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§ 12-203. Custody and removal of property by seizing authority

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2016

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 12. Forfeiture--Controlled Dangerous Substances Violations (Refs & Annos)
Subtitle 2. Seizure (Refs & Annos)
Effective: October 1, 2016
MD Code, Criminal Procedure, § 12-203
§ 12-203. Custody and removal of property by seizing authority
Property in custody of seizing authority
(a) Property seized under this title is in the custody of the seizing authority, and, unless returned to the owner as provided in subsection (c) of this section or § 12-207 of this subtitle, is subject only to the orders, judgments, and decrees of the court or the official having jurisdiction over the property.
Property placed under seal or removal to designated location
(b) A seizing authority may place seized property under seal and remove the property to a place designated by the court.
Seizing authority’s options for requests to return seized properties
(c)(1) The owner of seized property may make a written request to the seizing authority for the return of the seized property.
(2) Within 60 days after receipt of a written request under paragraph (1) of this subsection, the seizing authority shall make a decision as to the disposition of the seized property and shall notify the owner that:
(i) the seizing authority does not have custody of the property and shall provide contact information for the law enforcement agency that does have custody of the property;
(ii) the seizing authority does have custody of the property and will file a complaint for forfeiture;
(iii) the seizing authority does have custody of the property and will retain it for evidentiary purposes until after the conclusion of a criminal case; or
(iv) the seizing authority does have custody of the property and will promptly return the property to the owner.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2016, c. 619, § 1, eff. Oct. 1, 2016; Acts 2016, c. 658, § 1, eff. Oct. 1, 2016.
Formerly Art. 27, § 297.
MD Code, Criminal Procedure, § 12-203, MD CRIM PROC § 12-203
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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