Section 12-206 – Recommendation of Forfeiture by Seizing Authority
(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 […]
Section 12-207 – Return of Vehicle to Owner After Seizure
(a) The forfeiting authority shall surrender the motor vehicle on request to the owner if the forfeiting authority determines, independent of the decision of the seizing authority, that: (1) the motor vehicle falls within the purview of § 12-205 of this subtitle; or (2) the standards listed under § 12-204(b) of this subtitle were not met. (b) In a […]
Section 12-208 – Owner Obtaining Possession of Seized Property
(a) (1) Except as provided in §§ 12-209 and 12-210 of this subtitle, an owner of seized property who wishes to obtain possession of the property, to convey an interest in real property, or to remove a building or fixture from real property shall notify the clerk of the proper court. (2) If forfeiture proceedings have begun, the […]
Section 12-209 – Seizure of Real Property
Seizure of real property occurs on the earlier of the filing: (1) of a complaint for forfeiture under this title; or (2) of a notice of pending litigation in the circuit court of the county where the real property is located.
Section 12-210 – Possession of Seized Real Property by Owners or Tenants
(a) Subject to the rights of a lienholder to sell the real property, an owner or owner’s tenant may remain in possession of seized real property until forfeiture is ordered. (b) The forfeiting authority may apply to the court for the appointment of a receiver to apply income from income-producing property. (c) If a person who is an […]
Section 12-211 – Prohibited Acts
(a) This section does not apply if: (1) an act is agreed to by a forfeiting authority or is ordered by the court; or (2) an owner posts a bond under § 12-208 of this subtitle. (b) Subject to subsection (a) of this section, until the court enters judgment in favor of the owner, an owner may not attempt: […]
Section 12-212 – Transfer to Federal Authority Prohibited; Exceptions
A seizing authority or prosecuting authority may not directly or indirectly transfer seized property to a federal law enforcement authority or agency unless: (1) a criminal case related to the seizure is prosecuted in the federal court system under federal law; (2) the owner of the property consents to the forfeiture; (3) the property is cash of at […]
Section 12-201 – Seizure and Summary Forfeiture of Contraband
(a) A Schedule I substance listed in § 5–402 of the Criminal Law Article shall be seized and summarily forfeited to the State if the substance is: (1) possessed, transferred, sold, or offered for sale in violation of the Controlled Dangerous Substances law; or (2) possessed by the State and its owner is not known. (b) A plant may […]
Section 12-202 – Seizure of Property Subject to Forfeiture
(a) Property subject to forfeiture under this title may be seized: (1) on a warrant issued by a court that has jurisdiction over the property; and (2) without a warrant when: (i) the seizure is incident to an arrest or a search under a search warrant; (ii) the seizure is incident to an inspection under an administrative inspection warrant; (iii) the […]
Section 12-203 – Custody of Seized Property; Sequestering and Removing Seized Property; Request for Return of Property
(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 […]