Maryland Code § ABC-32-2603

Section ABC-32-2603
Open in Lexace · Ask the AI about this section
(a) A judge in the District Court may issue a search warrant if a police
officer or other applicant files a complaint or an affidavit that:
(1) is sworn to by the applicant;
(2) describes with particularity the place or thing to be searched;
(3) describes with particularity the things to be searched for; and
(4) states that the applicant has reason to believe that alcoholic
beverages are sold or kept to be sold or otherwise disposed of in violation of law.
(b) A warrant issued under this section shall:
(1) be directed to the sheriff, deputy sheriff, or proper police officer;
(2) include a copy of the affidavit;
(3) require the officer to whom the warrant is directed to search the
place or thing described in the warrant, and seize any:
(i) alcoholic beverages found in quantities that suggest that
they are being kept for sale;
(ii) means to sell alcoholic beverages, including furniture,
implements, and equipment;
(iii) paraphernalia of a barroom or saloon that sells alcoholic
beverages; and
(iv) United States Internal Revenue tax receipts for the sale of
alcoholic beverages dated during the time of the alleged offense; and

(4) require the officer to report in writing on the search and make an
immediate return on the warrant.
(c) An affidavit, a warrant for search, and a report and return shall be
substantially in the following form:
State of Maryland, Wicomico County, to wit:
To: ..............................., of Wicomico County:
Greetings: Whereas, there has been filed with the undersigned an affidavit, of
which the following is a copy, to wit: Whereas on this .... day of ...., 20.., before the
Subscriber, .... in and for said County, personally appeared ...., and made complaint
and oath that the applicant has just and reasonable cause to suspect and believe and
does suspect and believe that intoxicating liquor is sold, or except for the purpose of
being sold or otherwise disposed of in violation of the law in the .... of .... at, in .... of
said County, and that in and upon said premises and at said place and house will be
found upon search thereof, the following:
Intoxicating liquors, and the vessels and bottles in which the same are
contained, and barroom, and drinking saloon paraphernalia, and the United States
Internal Revenue tax receipt for sale of intoxicating liquor at this time effective (and
any other facts material):
These Are Therefore, in the name of the State of Maryland, to command you,
together with the necessary and proper assistance, to enter into the said .... of the
said .... at, in .... in the County aforesaid, and there diligently search for the said
intoxicating liquor and means used for the sale of same, or any part thereof as
described in the aforegoing affidavit of complaint, and that you bring the same, or
any part thereof, found in such search, and the person or persons in whose custody
they are found forthwith before me to be disposed of and dealt with according to law;
and have you there this warrant.
Given under my hand this .... day of ...., 20...
......................................................
Judge of the District Court
REPORT AND RETURN
To Hon. ...., Judge of the District Court in Wicomico County.
This Return and Report, made this .... day of ...., 20.., is to certify, That
pursuant and in obedience to the commands of the annexed warrant to me directed,
I did on the .... day of ...., 20.., enter and search the place, house and premises
described in said warrant and found and seized the following, to wit: (here set forth
what was found and seized), and do forthwith bring the same, and one .... the person
in whose custody the same were found before you.
................................................
(Person serving warrant)

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.