<?xml version='1.0' encoding='utf-8'?>
<section article="gcp" article_name="Criminal Procedure" number="1-203" title_number="1" title_name="Definitions; General Provisions" subtitle_number="2" subtitle_name="General Provisions">
  <level label="a">
    <level label="1">
      <text>In this subsection, “no–knock search warrant” means a search warrant that authorizes the executing law enforcement officer to enter a building, apartment, premises, place, or thing to be searched without giving notice of the officer’s authority or purpose.</text>
    </level>
    <level label="2">
      <text>A circuit court judge or District Court judge may issue forthwith a search warrant whenever it is made to appear to the judge, by application as described in paragraph (3) of this subsection, that there is probable cause to believe that:</text>
      <level label="i">
        <text>a misdemeanor or felony is being committed by a person or in a building, apartment, premises, place, or thing within the territorial jurisdiction of the judge; or</text>
      </level>
      <level label="ii">
        <text>property subject to seizure under the criminal laws of the State is on the person or in or on the building, apartment, premises, place, or thing.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>An application for a search warrant shall be:</text>
        <level label="1">
          <text>in writing;</text>
        </level>
        <level label="2">
          <text>signed, dated, and sworn to by the applicant; and</text>
        </level>
        <level label="3">
          <text>accompanied by an affidavit that:</text>
        </level>
        <level label="A">
          <text>sets forth the basis for probable cause as described in paragraph (1) of this subsection; and</text>
        </level>
        <level label="B">
          <text>contains facts within the personal knowledge of the affiant that there is probable cause.</text>
        </level>
      </level>
      <level label="ii">
        <text>An application for a search warrant may be submitted to a judge:</text>
        <level label="1">
          <text>by in–person delivery of the application, the affidavit, and a proposed search warrant;</text>
        </level>
        <level label="2">
          <text>by secure fax, if a complete and printable image of the application, the affidavit, and a proposed search warrant are submitted; or</text>
        </level>
        <level label="3">
          <text>by secure electronic mail, if a complete and printable image of the application, the affidavit, and a proposed search warrant are submitted.</text>
        </level>
      </level>
      <level label="iii">
        <text>The applicant and the judge may converse about the search warrant application:</text>
        <level label="1">
          <text>in person;</text>
        </level>
        <level label="2">
          <text>via telephone; or</text>
        </level>
        <level label="3">
          <text>via video.</text>
        </level>
      </level>
      <level label="iv">
        <text>The judge may issue the search warrant:</text>
        <level label="1">
          <text>by signing the search warrant, indicating the date and time of issuance on the search warrant, and physically delivering the signed and dated search warrant, the application, and the affidavit to the applicant;</text>
        </level>
        <level label="2">
          <text>by signing the search warrant, writing the date and time of issuance on the search warrant, and sending complete and printable images of the signed and dated search warrant, the application, and the affidavit to the applicant by secure fax; or</text>
        </level>
        <level label="3">
          <text>by signing the search warrant, either electronically or in writing, indicating the date and time of issuance on the search warrant, and sending complete and printable images of the signed and dated search warrant, the application, and the affidavit to the applicant by secure electronic mail.</text>
        </level>
      </level>
      <level label="v">
        <text>The judge shall file a copy of the signed and dated search warrant, the application, and the affidavit with the court.</text>
      </level>
      <level label="vi">
        <level label="1">
          <text>If approved in writing by a police supervisor and the State’s Attorney, an application for a search warrant may contain a request that the search warrant be a no–knock search warrant, on the ground that there is reasonable suspicion to believe that, without the authorization the life or safety of the executing officer or another person may be endangered.</text>
        </level>
        <level label="2">
          <text>An application for a no–knock search warrant under this subparagraph shall contain:</text>
        </level>
        <level label="A">
          <text>a description of the evidence in support of the application;</text>
        </level>
        <level label="B">
          <text>an explanation of the investigative activities that have been undertaken and the information that has been gathered to support the request for a no–knock search warrant;</text>
        </level>
        <level label="C">
          <text>an explanation of why the affiant is unable to detain the suspect or search the premises using other, less invasive methods;</text>
        </level>
        <level label="D">
          <text>acknowledgment that any police officers who will execute the search warrant have successfully completed the same training in breach and call–out entry procedures as SWAT team members;</text>
        </level>
        <level label="E">
          <text>a statement as to whether the search warrant can effectively be executed during daylight hours and, if not, what facts or circumstances preclude effective execution in daylight hours; and</text>
        </level>
        <level label="F">
          <text>a list of any additional occupants of the premises by age and gender, as well as an indication as to whether any individuals with cognitive or physical disabilities or pets reside at the premises, if known.</text>
        </level>
        <level label="3">
          <text>A no–knock search warrant shall be executed between 8:00 a.m. and 7:00 p.m., absent exigent circumstances.</text>
        </level>
      </level>
    </level>
    <level label="4">
      <text>The search warrant shall:</text>
      <level label="i">
        <text>be directed to a duly constituted police officer, the State Fire Marshal, or a full–time investigative and inspection assistant of the Office of the State Fire Marshal and authorize the police officer, the State Fire Marshal, or a full–time investigative and inspection assistant of the Office of the State Fire Marshal to search the suspected person, building, apartment, premises, place, or thing and to seize any property found subject to seizure under the criminal laws of the State;</text>
      </level>
      <level label="ii">
        <text>name or describe, with reasonable particularity:</text>
        <level label="1">
          <text>the person, building, apartment, premises, place, or thing to be searched;</text>
        </level>
        <level label="2">
          <text>the grounds for the search; and</text>
        </level>
        <level label="3">
          <text>the name of the applicant on whose application the search warrant was issued; and</text>
        </level>
      </level>
      <level label="iii">
        <text>if warranted by application as described in paragraph (3) of this subsection, authorize the executing law enforcement officer to enter the building, apartment, premises, place, or thing to be searched without giving notice of the officer’s authority or purpose.</text>
      </level>
    </level>
    <level label="5">
      <level label="i">
        <text>The search and seizure under the authority of a search warrant shall be made within 10 calendar days after the day that the search warrant is issued.</text>
      </level>
      <level label="ii">
        <text>After the expiration of the 10–day period, the search warrant is void.</text>
      </level>
    </level>
    <level label="6">
      <text>The executing law enforcement officer shall give a copy of the search warrant, the application, and the affidavit to an authorized occupant of the premises searched or leave a copy of the search warrant, the application, and the affidavit at the premises searched.</text>
    </level>
    <level label="7">
      <level label="i">
        <text>The executing law enforcement officer shall prepare a detailed search warrant return which shall include the date and time of the execution of the search warrant.</text>
      </level>
      <level label="ii">
        <text>The executing law enforcement officer shall:</text>
        <level label="1">
          <text>give a copy of the search warrant return to an authorized occupant of the premises searched or leave a copy of the return at the premises searched; and</text>
        </level>
        <level label="2">
          <text>file a copy of the search warrant return with the court in person, by secure fax, or by secure electronic mail.</text>
        </level>
      </level>
    </level>
    <level label="8">
      <level label="i">
        <text>In this paragraph, “exigent circumstances” retains its judicially determined meaning.</text>
      </level>
      <level label="ii">
        <text>While executing a search warrant, a police officer shall be clearly recognizable and identifiable as a police officer, wearing a uniform, badge, and tag bearing the name and identification number of the police officer.</text>
      </level>
      <level label="iii">
        <level label="1">
          <text>This subparagraph applies to a police officer whose law enforcement agency requires the use of body–worn cameras.</text>
        </level>
        <level label="2">
          <text>A police officer executing a search warrant shall use a body–worn camera during the course of the search in accordance with the policies established by the police officer’s law enforcement agency.</text>
        </level>
      </level>
      <level label="iv">
        <text>Unless executing a no–knock search warrant, a police officer shall allow a minimum of 20 seconds for the occupants of a residence to respond and open the door before the police officer attempts to enter the residence, absent exigent circumstances.</text>
      </level>
      <level label="v">
        <text>A police officer may not use flashbang, stun, distraction, or other similar military–style devices when executing a search warrant, absent exigent circumstances.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>A circuit court judge or District Court judge shall cause property taken under a search warrant to be restored to the person from whom it was taken if, at any time, on application to the judge, it appears that:</text>
      <level label="i">
        <text>the property taken is not the same as that described in the search warrant;</text>
      </level>
      <level label="ii">
        <text>there is no probable cause for believing the existence of the grounds on which the search warrant was issued; or</text>
      </level>
      <level label="iii">
        <text>the property was taken under a search warrant issued more than 15 calendar days before the seizure.</text>
      </level>
    </level>
    <level label="2">
      <text>The judge may receive an oral motion made in open court at any time making application for the return of seized property if the application for return is based on any ground described in paragraph (1) of this subsection.</text>
    </level>
    <level label="3">
      <text>If the judge grants the oral motion described in paragraph (2) of this subsection, the order of the court shall be in writing and a copy of the order shall be sent to the State’s Attorney.</text>
    </level>
    <level label="4">
      <text>Court costs may not be assessed against the person from whom the property was taken if:</text>
      <level label="i">
        <text>the judge denies the oral motion and requires the person from whom the property was taken to proceed for return of the seized property by petition and an order to show cause to the police authority seizing the property; and</text>
      </level>
      <level label="ii">
        <text>it is later ordered that the property be restored to the person from whom it was taken.</text>
      </level>
    </level>
    <level label="5">
      <text>If the judge finds that the property taken is the same as that described in the search warrant and that there is probable cause for believing the existence of the grounds on which the search warrant was issued, the judge shall order the property to be retained in the custody of the police authority seizing it or to be otherwise disposed of according to law.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>This subsection does not apply to contraband or other property prohibited by law from being recoverable.</text>
    </level>
    <level label="2">
      <text>Property seized under a search warrant issued under subsection (a) of this section may be returned to the person to whom the property belongs without the necessity of that person bringing an action for replevin or any other proceeding against the unit with custody of the property if:</text>
      <level label="i">
        <text>the criminal case in which the property was seized is disposed of because of a nolle prosequi, dismissal, or acquittal;</text>
      </level>
      <level label="ii">
        <text>the State does not appeal the criminal case in which the property was seized; or</text>
      </level>
      <level label="iii">
        <text>the time for appeal has expired.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>A circuit court judge or District Court judge shall cause property rightfully taken under a search warrant to be restored to the person from whom it was taken if, at any time, on application to the judge, the judge finds that the property is being wrongfully withheld after there is no further need for retention of the property.</text>
    </level>
    <level label="2">
      <text>The judge may receive an oral motion made in open court at any time making application for the return of seized property if the application for return is based on the ground that the property, although rightfully taken under a search warrant, is being wrongfully withheld after there is no further need for retention of the property.</text>
    </level>
    <level label="3">
      <text>If the judge grants the oral motion described in paragraph (2) of this subsection, the order of the court shall be in writing and a copy of the order shall be sent to the State’s Attorney.</text>
    </level>
    <level label="4">
      <text>Court costs may not be assessed against the person from whom the property was taken if:</text>
      <level label="i">
        <text>the judge denies the oral motion and requires the person from whom the property was taken to proceed for return of the seized property by petition and an order to show cause to the police authority wrongfully withholding the property; and</text>
      </level>
      <level label="ii">
        <text>it is later ordered that the property be restored to the person from whom it was taken.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>Notwithstanding any provision of the Maryland Rules, a circuit court judge or District Court judge, on a finding of good cause, may order that an affidavit presented in support of a search and seizure warrant be sealed for a period not exceeding 30 days.</text>
    </level>
    <level label="2">
      <text>A finding of good cause required by paragraph (1) of this subsection is established by evidence that:</text>
      <level label="i">
        <text>the criminal investigation to which the affidavit is related is of a continuing nature and likely to yield further information that could be of use in prosecuting alleged criminal activities; and</text>
      </level>
      <level label="ii">
        <text>the failure to maintain the confidentiality of the investigation would:</text>
        <level label="1">
          <text>jeopardize the use of information already obtained in the investigation;</text>
        </level>
        <level label="2">
          <text>impair the continuation of the investigation; or</text>
        </level>
        <level label="3">
          <text>jeopardize the safety of a source of information.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <text>A court may grant one 30–day extension of the time that an affidavit presented in support of a search and seizure warrant is to remain sealed if:</text>
      <level label="i">
        <text>law enforcement provides continued evidence as described in paragraph (2) of this subsection; and</text>
      </level>
      <level label="ii">
        <text>the court makes a finding of good cause based on the evidence.</text>
      </level>
    </level>
    <level label="4">
      <text>After the order sealing the affidavit expires, the affidavit shall be:</text>
      <level label="i">
        <text>unsealed; and</text>
      </level>
      <level label="ii">
        <text>delivered within 15 days:</text>
        <level label="1">
          <text>to the person from whom the property was taken; or</text>
        </level>
        <level label="2">
          <text>if that person is not on the premises at the time of delivery, to the person apparently in charge of the premises from which the property was taken.</text>
        </level>
      </level>
    </level>
  </level>
</section>
