Md. Code Ann., Crim. Proc. § 12-203
Custody and removal of property by seizing authority
Effective Oct 1, 2016Added 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.State of Maryland
- (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.
- (b) A seizing authority may place seized property under seal and remove the property to a place designated by the court.
(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.
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.