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§ 12-104. Seized property notification requirements

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 1. Definitions; Property Subject to Forfeiture (Refs & Annos)
Effective: October 1, 2016
MD Code, Criminal Procedure, § 12-104
§ 12-104. Seized property notification requirements
Currentness
Receipt requirements
(a) At the time of seizure, the seizing authority shall provide a receipt to the person from whom the property was seized, that includes:
(1) a detailed description of the property;
(2) a case number, property inventory number, or any other reference number used by the seizing authority to connect the property to the circumstances of the seizure;
(3) the name and contact information of an individual or office within the seizing authority that can provide information concerning the seized property;
(4) notice that the owner of the property may make a written request for return of the seized property; and
(5) notice that within 60 days after receipt of a written request for return of the seized property, the seizing authority will decide whether to return the property and notify the owner of the decision.
Notification to property owner
(b) If the person who received a receipt under subsection (a) of this section is not the owner of the property, within 15 days after the seizure of property by a seizing authority, the seizing authority shall send by first-class mail written information to the owner of the seized property, if known, providing:
(1) the location and description of the seized property; and
(2) the name and contact information of an individual or office within the seizing authority that can provide further information concerning the seized property, including information on how the property may be returned to the owner.
Required statement
(c) The written information distributed by a seizing authority as required under this section shall state: “Seizure and forfeiture of property is a legal matter. Nothing in this document may be construed as legal advice. You may wish to consult an attorney concerning this matter.”.

Credits

Added by Acts 2016, c. 5, § 1, eff. Feb. 20, 2016. Amended by Acts 2016, c. 619, § 1, eff. Oct. 1, 2016; Acts 2016, c. 658, § 1, eff. Oct. 1, 2016.
MD Code, Criminal Procedure, § 12-104, MD CRIM PROC § 12-104
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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