Current with changes from the 2024 Legislative Session
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 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.Amended by 2016 Md. Laws, Ch. 658,Sec. 1, eff. 10/1/2016.Amended by 2016 Md. Laws, Ch. 619,Sec. 1, eff. 10/1/2016.