Custody of seized property; sequestering and removing seized property; request for return of property.

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    (a)    Property seized under this title is in the custody of the seizing authority, and, unless returned to the owner as provided in subsection (c) of this section or § 12–207 of this subtitle, is subject only to the orders, judgments, and decrees of the court or the official having jurisdiction over the property.

    (b)    A seizing authority may place seized property under seal and remove the property to a place designated by the court.

    (c)    (1)    The owner of seized property may make a written request to the seizing authority for the return of the seized property.

        (2)    Within 60 days after receipt of a written request under paragraph (1) of this subsection, the seizing authority shall make a decision as to the disposition of the seized property and shall notify the owner that:

            (i)    the seizing authority does not have custody of the property and shall provide contact information for the law enforcement agency that does have custody of the property;

            (ii)    the seizing authority does have custody of the property and will file a complaint for forfeiture;

            (iii)    the seizing authority does have custody of the property and will retain it for evidentiary purposes until after the conclusion of a criminal case; or

            (iv)    the seizing authority does have custody of the property and will promptly return the property to the owner.


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