Vieira v. Prince George's County

645 A.2d 639, 101 Md. App. 220
CourtCourt of Special Appeals of Maryland
DecidedDecember 21, 1994
Docket1480, September Term, 1993
StatusPublished
Cited by6 cases

This text of 645 A.2d 639 (Vieira v. Prince George's County) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vieira v. Prince George's County, 645 A.2d 639, 101 Md. App. 220 (Md. Ct. App. 1994).

Opinions

[224]*224BISHOP, Judge.

Appellee, Prince George’s County (“the County”), and Eric M. Tucker (“Mr. Tucker”), the County’s Director of Finance, instituted a forfeiture action in the Circuit Court for Prince George’s County against appellant, Anthony Vieira (“Vieira”), and $7,850 in U.S. Currency. Vieira filed a petition for return of seized currency, alleging that the County failed to file the requisite show cause order within ninety days following the disposition of the underlying criminal proceeding. The court denied the petition without hearing. Vieira then filed a motion for reconsideration, which the court also denied without hearing. After a trial on the merits, the court ordered forfeiture of the currency to the County. Vieira filed a timely notice of appeal to this Court.

Issue

Vieira raises the following issue for our consideration: Whether the trial court erred by failing to grant appellant’s petition for return of seized currency, in which he alleged that the initiation of the forfeiture action was defective for failure to file a show cause order within the time limits prescribed by Md.Ann.Code art. 27, § 297(d)(2) (1992).

Facts

On January 24, 1992, members of the Prince George’s County Police Department arrested Vieira and seized $7,850 in U.S. Currency after finding drug paraphernalia in Vieira’s possession during. a traffic stop. The underlying criminal proceeding arising out of Vieira’s arrest reached “final disposition” on March 6, 1992.

The docket entries indicate that the County filed a four page complaint for forfeiture of currency on June 3, 1992, 89 days after disposition of the criminal case. That complaint included an affidavit of Mr. Tucker, but did not include a show cause order. The next docket entry, which is dated June 18, 1992, reads as follows: “SHOW CAUSE ORDER (GRAYDON S MCKEE, III), FD. CC GIVEN TO THE ATTY FOR [225]*225SERVICE. BJB.” That entry refers to a show cause order that was executed on June 17, 1992, 103 days after disposition of the criminal case.

Because Vieira was not timely served with process, the County, on July 15, 1992, filed a line to re-issue order to show cause. Pursuant to that request, a second show cause order was signed on July 21, 1992, filed in the clerk’s office on September 24, 1992, and entered on the docket the following day. Another line to re-issue show cause order was filed on September 23,1992. The court signed the order on October 6, 1992, and it was entered on the docket the following day. On October 16, 1992, Vieira was served with the complaint, affidavit, and show cause order.

Discussion

Article 27, § 297(d), of the Annotated Code of Maryland (1992) provides in pertinent part:

(2) In the event of seizure pursuant to paragraph (l)(iii) and (iv) of this subsection, proceedings under subsection (f) of this section shall be instituted promptly, except all proceedings relating to money or currency, that shall be instituted within 90 days from the date of final disposition of criminal proceedings that arise out of Article 27, §§ 276 through 302, inclusive.
(i) All applications for the forfeiture of money or currency contraband shall be made by the director of finance of Baltimore City, the county treasurer or appropriate county finance officer, municipal treasurer, or the Attorney General. The applications shall be by complaint, affidavit and show cause order and shall be filed in the District Court or circuit court of the county.
(ii) The complaint, affidavit and show cause order shall be served in the first instance pursuant to Maryland Rule 2-121 or Maryland Rule 3-121(a), and thereafter, the summons having been returned non est, the director of finance of Baltimore City, county treasurer or appropriate county finance officer, municipal treasurer, or Attorney General [226]*226may proceed pursuant to Maryland Rule 2-122 or Maryland Rule 3-121(b) or (c).
(3)(i) If proceedings relating to moneg or currencg are not instituted bg the State or a political subdivision within the 90-dag period, the moneg or currencg seized under this section, upon petition bg the defendant, shall be returned to the defendant.

(Emphasis added). Vieira argues that, because the County failed to file a show cause order pursuant to Art. 27, § 297(d)(2)(i) within the ninety-day period following final disposition of the underlying criminal proceeding, the trial court erred when it denied his petition for return of money filed pursuant to Art. 27, § 297(d)(3)(i). We agree.

A

Background

In Ewachiw v. Director of Finance, 70 Md.App. 58, 60, 519 A.2d 1327, cert. denied, 309 Md. 605, 525 A.2d 1075 (1987), Judge Moylan, writing for this Court, recognized that the General Assembly, “[a]s part of its ‘full court press’ against the illicit drug traffic, ... provided for the forfeiture to the State of all money or currency found to have been used or intended for use in connection with ... drug traffic[king].” Judge Moylan referred to Art. 27, § 276, the legislative findings and declarations section of the Health-Controlled Dangerous Substances subheading. That section

sets out the purpose of the comprehensive law and provides guidelines for interpreting and construing that law. After declaring that the illicit drug traffic has “a substantial and detrimental effect on the health and general welfare of the people of the State of Maryland” and stating the purpose of the law “to prevent [this] abuse which results in a serious health problem to the individual and represents a serious danger to the welfare of the people of the State of Maryland,” subsection (b) of that section provides:
[227]*227“The provisions of this subheading shall be liberally interpreted and construed so as to effectuate its general purpose as stated hereinabove.”

Id. In Prince George’s County v. Blue Bird Cab Co., 263 Md. 655, 662, 284 A.2d 203 (1971), the Court of Appeals explained that

in some ways [§ 297] is a harsh law; however, it is within the Legislature’s power to decide whether such a forfeiture provision is desirable. Its purpose is to attempt not only to curtail drug traffic in this state, but to discourage such a blight from continuing in the future. Historically, decisive action has been required to prevent any plague from spreading. In the present case the Legislature has clearly indicated its purpose for this act. It is to control the proliferation of dangerous drugs in our society and it is a noble purpose, but an arduous task.

Despite the laudable purpose of Maryland’s forfeiture statute, it remains that “forfeitures are not favored in the law and should be avoided when possible.” State v. 158 Gaming Devices, 59 Md.App. 44, 51, 474 A.2d 545 (1984) (citing Commercial Credit Corp. v. State, 258 Md. 192, 199, 265 A.2d 748 (1970)),

Free access — add to your briefcase to read the full text and ask questions with AI

Related

TSU v. Montgomery County
981 A.2d 807 (Court of Special Appeals of Maryland, 2009)
WFS Financial, Inc. v. Mayor of Baltimore
935 A.2d 385 (Court of Appeals of Maryland, 2007)
Thompson v. Grindle
688 A.2d 466 (Court of Special Appeals of Maryland, 1997)
Prince George's County v. Vieira
667 A.2d 898 (Court of Appeals of Maryland, 1995)
Vieira v. Prince George's County
645 A.2d 639 (Court of Special Appeals of Maryland, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
645 A.2d 639, 101 Md. App. 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vieira-v-prince-georges-county-mdctspecapp-1994.