§ 6-315

Maryland § 6-315

• Jurisdiction: Maryland
• Article gps: Public Safety
• Title: 6

Text

(a) The State Fire Marshal, a designee of the State Fire Marshal, a full-time fire investigator who is a member of a fire department, or a police officer may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter a vehicle, building, or premises where a fire has occurred to conduct a search to determine the cause and origin of the fire.

(b) An application under subsection (a) of this section shall:

(1) be in writing;

(2) be signed and sworn to by the applicant; and

(3) particularly describe the vehicle, building, or premises to be searched and the nature, scope, and purpose of the search to be performed by the applicant.

(c) A judge of the District Court or a circuit court may issue the warrant on finding that:

(1) a fire of undetermined origin has occurred;

(2) the scope of the proposed search is reasonable and will not intrude unnecessarily on the fire victim’s privacy;

(3) the search will be executed at a reasonable and convenient time; and

(4) the owner, tenant, or other individual in charge of the property has denied access to the property, or after making a reasonable effort, the applicant has been unable to locate any of these individuals.

(d) (1) An administrative search warrant issued under this section shall specify the vehicle, building, or premises to be searched.

(2) The search conducted may not exceed the limits specified in the warrant.

(e) An administrative search warrant issued under this section shall be executed and returned to the judge who issued it within:

(1) the time specified in the warrant, not exceeding 30 days; or

(2) if no time period is specified in the warrant, 15 days after its issuance.