(ii) it is later ordered that the property be restored to the person from whom it was taken. (i) the judge denies the oral motion and requires the person from whom the property was taken to proceed for return of the seized property by petition and an order to show cause to the police authority seizing the property and (4) Court costs may not be assessed against the person from whom the property was taken if: (3) If the judge grants the oral motion described in paragraph (2) of this subsection, the order of the court shall be in writing and a copy of the order shall be sent to the State's Attorney. (2) The judge may receive an oral motion made in open court at any time making application for the return of seized property if the application for return is based on any ground described in paragraph (1) of this subsection. (iii) the property was taken under a search warrant issued more than 15 calendar days before the seizure. (ii) there is no probable cause for believing the existence of the grounds on which the search warrant was issued or (i) the property taken is not the same as that described in the search warrant (1) A circuit court judge or District Court judge shall cause property taken under a search warrant to be restored to the person from whom it was taken if, at any time, on application to the judge, it appears that: (b) Return of property wrongfully taken. (ii) After the expiration of the 15-day period, the search warrant is void. (4) (i) The search and seizure under the authority of a search warrant shall be made within 15 calendar days after the day that the search warrant is issued. (iii) if warranted by application as described in paragraph (2) of this subsection, authorize the executing law enforcement officer to enter the building, apartment, premises, place, or thing to be searched without giving notice of the officer's authority or purpose. the name of the applicant on whose application the search warrant was issued and the person, building, apartment, premises, place, or thing to be searched ģ. (ii) name or describe, with reasonable particularity:ġ. (i) be directed to a duly constituted police officer, the State Fire Marshal, or a full-time investigative and inspection assistant of the Office of the State Fire Marshal and authorize the police officer, the State Fire Marshal, or a full-time investigative and inspection assistant of the Office of the State Fire Marshal to search the suspected person, building, apartment, premises, place, or thing and to seize any property found subject to seizure under the criminal laws of the State the life or safety of the executing officer or another person may be endangered. the property subject to seizure may be destroyed, disposed of, or secreted orĢ. (ii) An application for a search warrant may contain a request that the search warrant authorize the executing law enforcement officer to enter the building, apartment, premises, place, or thing to be searched without giving notice of the officer's authority or purpose, on the grounds that there is reasonable suspicion to believe that, without the authorization:ġ. contains facts within the personal knowledge of the affiant that there is probable cause. sets forth the basis for probable cause as described in paragraph (1) of this subsection andī. signed and sworn to by the applicant andĪ. (2) (i) An application for a search warrant shall be:Ģ. ![]() (ii) property subject to seizure under the criminal laws of the State is on the person or in or on the building, apartment, premises, place, or thing. (i) a misdemeanor or felony is being committed by a person or in a building, apartment, premises, place, or thing within the territorial jurisdiction of the judge or ![]() (1) A circuit court judge or District Court judge may issue forthwith a search warrant whenever it is made to appear to the judge, by application as described in paragraph (2) of this subsection, that there is probable cause to believe that: View our newest version here 2010 Maryland Code
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