Md. Code, Alco. Bev. § 29-2606

Current with changes from the 2024 Legislative Session

Section 29-2606 - Search warrants

(a) A judge in the District Court may issue a search warrant if a police officer or any other applicant files a complaint or an affidavit that:

(1) is sworn to by the applicant;

(2) describes with particularity the place or thing to be searched;

(3) describes with particularity the things to be searched for; and

(4) states that the applicant has reason to believe that alcoholic beverages are sold or kept to be sold or otherwise disposed of in violation of law.

(b) A warrant issued under this section shall:

(1) be directed to the sheriff, deputy sheriff, or proper police officer;

(2) include a copy of the affidavit;

(3) require the officer to whom the warrant is directed to search the place or thing described in the warrant and seize any:

(i) alcoholic beverages and their vessels found in quantities that suggest that they are being kept for sale;

(ii) means to sell alcoholic beverages, including furniture, implements, and equipment;

(iii) paraphernalia of a barroom or saloon that sells alcoholic beverages; and

(iv) United States Internal Revenue tax receipts for the sale of alcoholic beverages dated during the time of the alleged offense; and

(4) require the officer to report in writing on the search and make an immediate return on the warrant.

(c) An affidavit, a warrant for search, and a report and return shall be substantially in the following form:

State of Maryland, Somerset County, to wit:

To: ..............................., of Somerset County:

Greetings: Whereas, there has been filed with the undersigned an affidavit, of which the following is a copy, to wit: Whereas on this .... day of ...., 20.., before the Subscriber, .... in and for said County, personally appeared ...., and made complaint and oath that the applicant has just and reasonable cause to suspect and believe and does suspect and believe that intoxicating liquor is sold, or except for the purpose of being sold or otherwise disposed of in violation of the law in the .... of .... at, in .... of said County, and that in and upon said premises and at said place and house will be found upon search thereof, the following:

Intoxicating liquors, and the vessels and bottles in which the same are contained, and barroom, and drinking saloon paraphernalia, and the United States Internal Revenue tax receipt for sale of intoxicating liquor at this time effective (and any other facts material):

These Are Therefore, in the name of the State of Maryland, to command you, together with the necessary and proper assistance, to enter into the said .... of the said .... at, in .... in the County aforesaid, and there diligently search for the said intoxicating liquor and means used for the sale of same, or any part thereof as described in the aforegoing affidavit of complaint, and that you bring the same, or any part thereof, found in such search, and the person or persons in whose custody they are found forthwith before me to be disposed of and dealt with according to law; and have you there this warrant.

Given under my hand this .... day of ...., 20...

.....................................................

Judge of the District Court

REPORT AND RETURN

To Hon. ...., Judge of the District Court in Somerset County

This Return and Report, made this .... day of ...., 20.., is to certify, That pursuant and in obedience to the commands of the annexed warrant to me directed, I did on the .... day of ...., 20.., enter and search the place, house and premises described in said warrant and found and seized the following, to wit: (here set forth what was found and seized), and do forthwith bring the same, and one .... the person in whose custody the same were found before you.

...................................................

(Person serving warrant)

Md. Code, AB § 29-2606

Added by 2016 Md. Laws, Ch. 41, Sec. 2, eff. 7/1/2016.