The following are subject to forfeiture: (1) except as provided in § 13–503 of this subtitle, a motor vehicle used in connection with a violation of and conviction under § 3–1102 or § 3–1103 of the Criminal Law Article; (2) money used in connection with a violation of and conviction under the human trafficking law, found in […]
(a) Property or an interest in property described in § 13–502(1) or (3) of this subtitle may not be forfeited if the owner establishes by a preponderance of the evidence that the violation of the human trafficking law was committed without the owner’s actual knowledge. (b) (1) A motor vehicle for hire in the transaction of business as […]
Personal property subject to forfeiture under this subtitle 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; […]
(a) A seizing authority that seizes money under this subtitle immediately shall: (1) photograph the money and record the quantity of each denomination of coin or currency seized; and (2) deposit the money to the account of the appropriate local financial authority. (b) A photograph taken under subsection (a) of this section may be substituted for money as evidence […]
(a) Property seized under this subtitle: (1) is not repleviable; but (2) is in the custody of the seizing authority, 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 […]
(a) A seizing authority may seize a motor vehicle used in violation of § 3–1102 or § 3–1103 of the Criminal Law Article and recommend forfeiture to the forfeiting authority if the total circumstances of the case as listed in subsection (b) of this section dictate that seizure and forfeiture are justified. (b) Circumstances to be considered […]
(a) The chief law enforcement officer of the seizing authority that seizes a motor vehicle used in violation of § 3–1102 or § 3–1103 of the Criminal Law Article may 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 […]
(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 the total circumstances of the case as listed under § 13–507(b) of this subtitle do not justify forfeiture. (b) In a proceeding under this subtitle, the court may determine, […]
(a) (1) Except as provided in §§ 13–512 and 13–513 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 […]
Seizure of real property occurs on the earlier of the filing: (1) of a complaint for forfeiture under this subtitle; or (2) of a notice of pending litigation in the circuit court of the county where the real property is located.
(a) Subject to the rights of a lienholder to sell the real property, an owner or an 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 […]
(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 § 13–510 of this subtitle. (b) Until the court enters judgment in favor of the owner, an owner may not attempt: (1) to convey or encumber an interest in […]
Except as provided in § 13–517(c) of this subtitle, if property is seized under § 13–504(2)(iv) of this subtitle because there is probable cause to believe that the property is directly or indirectly dangerous to health or safety and that the property was or will be used to violate § 3–1102 or § 3–1103 of […]
Except as provided in § 13–516 of this subtitle, the appropriate forfeiting authority shall file proceedings under this subtitle in the circuit court.
(a) To apply for the forfeiture of money, the appropriate local financial authority or the Attorney General shall file a complaint and affidavit in the District Court or the circuit court for the county in which the money was seized. (b) The complaint and affidavit shall be served in accordance with the Maryland Rules of Procedure.
(a) Except as provided under subsections (b) and (c) of this section, a complaint seeking forfeiture shall be filed within the earlier of: (1) 90 days after the seizure; or (2) 1 year after the final disposition of the criminal charge for the violation giving rise to the forfeiture. (b) A complaint for the forfeiture of a motor vehicle […]
(a) A complaint seeking forfeiture shall contain: (1) a description of the property seized; (2) the date and place of the seizure; (3) the name of the owner, if known; (4) the name of the person in possession, if known; (5) the name of each lienholder, if known or reasonably subject to discovery; (6) an allegation that the property is subject to […]
(a) A notice shall be signed by the clerk of the court and shall: (1) include the caption of the case; (2) describe the substance of the complaint and the relief sought; (3) state the latest date on which a response may be filed; (4) state that the property shall be forfeited if a response is not filed on time; […]
The answer to a complaint shall: (1) comply with the Maryland Rules; (2) state the nature and extent of the person’s right in, title to, or interest in the property; (3) state how and when the person acquired a right in, title to, or interest in the property; and (4) contain a request for relief and a request for […]
(a) If an answer has been filed on time, the court shall set a hearing on the forfeiture claim within 60 days after the later of: (1) posting of notice under § 13–519(b)(1) or (2) of this subtitle; or (2) final publication of notice under § 13–519(b)(3) of this subtitle. (b) Without a hearing, the court may order forfeiture […]
