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§ 12-206. Forfeiture recommendation by seizing authority

West's Annotated Code of MarylandCriminal Procedure

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 12. Forfeiture--Controlled Dangerous Substances Violations (Refs & Annos)
Subtitle 2. Seizure (Refs & Annos)
MD Code, Criminal Procedure, § 12-206
§ 12-206. Forfeiture recommendation by seizing authority
Currentness
Grounds for forfeiture of motor vehicle
(a) The chief law enforcement officer of the seizing authority that seizes a motor vehicle used in violation of this title shall recommend to the appropriate forfeiting authority in writing that the motor vehicle be forfeited only if the officer:
(1) determines from the records of the Motor Vehicle Administration the names and addresses of all registered owners and secured parties as defined in the Code;
(2) personally reviews the facts and circumstances of the seizure; and
(3) personally determines, according to the standards listed in § 12-204(b) of this subtitle, and represents in writing that forfeiture is warranted.
Affidavit by chief law enforcement officer
(b)(1) A sworn affidavit by the chief law enforcement officer that the officer followed the requirements of this paragraph is admissible in evidence in a proceeding under this section.
(2) The chief law enforcement officer may not be subpoenaed or compelled to appear and testify if another law enforcement officer with personal knowledge of the facts and circumstances surrounding the seizure and the recommendation of forfeiture appears and testifies at the proceeding.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001.
Formerly Art. 27, § 297.
MD Code, Criminal Procedure, § 12-206, MD CRIM PROC § 12-206
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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