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§ 32-2611. Disposition of seized items

West's Annotated Code of MarylandAlcoholic Beverages and CannabisEffective: July 1, 2016

West's Annotated Code of Maryland
Alcoholic Beverages and Cannabis (Refs & Annos)
Division II. Provisions Affecting Individual Jurisdictions [Titles 9-33] (Refs & Annos)
Title 32. Wicomico County (Refs & Annos)
Subtitle 26. Enforcement (Refs & Annos)
Effective: July 1, 2016
MD Code, Alcoholic Beverages, § 32-2611
Formerly cited as MD CODE, Art. 2B, § 16-414
§ 32-2611. Disposition of seized items
Currentness
Prosecution resulting in conviction
(a) If a prosecution under this article results in a conviction and an appeal is not taken:
(1) alcoholic beverages seized in connection with the prosecution shall be ordered to be destroyed; and
(2) other property seized in connection with the prosecution shall continue to be held as the property of the defendant or the owner.
Prosecution not resulting in conviction
(b) If a prosecution under this article does not result in a conviction, property seized in connection with the prosecution shall be returned to the person from whom it was taken.
Claim for return of items or damages
(c)(1) Subject to paragraph (2) of this subsection, a person's claim of insufficiency of the description of the alcoholic beverages seized under this subtitle or the place or thing searched provided in the complaint or warrant does not result in the immediate return of the alcoholic beverages to the person.
(2) The person with a claim of insufficiency under paragraph (1) of this subsection is entitled to a hearing on the claim when the case is tried.
(3) A conviction under this subtitle bars an action for:
(i) the recovery of alcoholic beverages or the value of alcoholic beverages; or
(ii) damages alleged to have arisen from seizing alcoholic beverages.
(4) Alcoholic beverages or other items seized under this subtitle may not be taken from the custody of the officer by a writ of replevin or other process while a prosecution under this subtitle is pending.

Credits

Added by Acts 2016, c. 41, § 2, eff. July 1, 2016.
MD Code, Alcoholic Beverages, § 32-2611, MD AL BEV § 32-2611
Current with legislation effective through October 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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