Section 12-206 - Recommendation of forfeiture by seizing authority. - Maryland Statutes

§ 12-206. Recommendation of forfeiture by seizing authority.
 

(a)  Requirements for recommendation.- The chief law enforcement officer of the seizing authority that seizes a motor vehicle used in violation of this title shall recommend to the appropriate forfeiting authority in writing that the motor vehicle be forfeited only if the officer: 

(1) determines from the records of the Motor Vehicle Administration the names and addresses of all registered owners and secured parties as defined in the Code; 

(2) personally reviews the facts and circumstances of the seizure; and 

(3) personally determines, according to the standards listed in § 12-204(b) of this subtitle, and represents in writing that forfeiture is warranted. 

(b)  Chief law enforcement officer.-  

(1) A sworn affidavit by the chief law enforcement officer that the officer followed the requirements of this paragraph is admissible in evidence in a proceeding under this section. 

(2) The chief law enforcement officer may not be subpoenaed or compelled to appear and testify if another law enforcement officer with personal knowledge of the facts and circumstances surrounding the seizure and the recommendation of forfeiture appears and testifies at the proceeding. 
 

[An. Code 1957, art. 27, § 297(i)(3); 2001, ch. 10, § 2.]