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Statutes Text

Article - Criminal Procedure


    (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 property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding under this title;

            (iv)    there is probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

            (v)    there is probable cause to believe that the property has been used or is intended to be used in violation of the Controlled Dangerous Substances law or this title.

    (b)    The seizing authority that seizes money that is contraband shall immediately:

        (1)    photograph the contraband 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.

    (c)    A photograph taken under subsection (b) of this section may be substituted for money as evidence in a criminal or forfeiture proceeding.

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