§ 12-204

Maryland § 12-204

• Jurisdiction: Maryland
• Article gcp: Criminal Procedure
• Title: 12

Text

(a) In exercising the authority to seize motor vehicles under this title, a seizing authority shall apply the standards listed in subsection (b) of this section.

(b) A motor vehicle used in violation of the Controlled Dangerous Substances law or this title shall be seized and forfeiture shall be recommended to the forfeiting authority if:

(1) any quantity of a controlled dangerous substance is sold or attempted to be sold in violation of the Controlled Dangerous Substances law or this title;

(2) an amount of the controlled dangerous substance or paraphernalia is found that reasonably shows that the violator intended to sell the controlled dangerous substance in violation of the Controlled Dangerous Substances law; or

(3) the total circumstances of the case as listed in subsection (c) of this section dictate that seizure and forfeiture are justified.

(c) Circumstances to be considered in deciding whether seizure and forfeiture are justified include:

(1) the possession of controlled dangerous substances;

(2) an extensive criminal record of the violator;

(3) a previous conviction of the violator for a controlled dangerous substances crime;

(4) evidence that the motor vehicle was acquired by use of proceeds from a transaction involving a controlled dangerous substance;

(5) circumstances of the arrest; and

(6) the way in which the motor vehicle was used.