Forfeiture, Use, and Return of Seized Property Or Evidence

• Jurisdiction: Maryland

XIII. Forfeiture, use, and return of seized property or evidence

Md. Code Ann., Crim. Proc. § 1-203(b), instructs Maryland judges to order the return of property seized under a warrant if it "appears" that the property (a) is not the same as that described in the warrant; (b) seized without probable cause; or (c) seized after the warrant has expired. Section 1-203(c)(2) provides for the return of validly seized non-contraband property in the event of a nolle prosequi, dismissal, acquittal, failure by the State to appeal, or the expiration of time for an appeal.

Forfeiture statutes enable the Government to obtain title to seized items that are subject to forfeiture, e.g., items seized under the Comprehensive Drug Abuse and Control Act. When real property is...