(a) A Natural Resources police officer or any law enforcement officer, upon arresting any person for violating any provision of this title or any rule or regulation promulgated pursuant to it, may seize every device, equipment, conveyance, or property unlawfully used. If the owner or person in charge of the seized device, equipment, conveyance, or property is convicted, the court may declare the device, equipment, conveyance, or property forfeited in addition to any other penalty provided in this title. Any forfeiture becomes the property of the Department for disposition at its discretion. If the owner is not known, the court may proceed ex parte to hear and determine any question of forfeiture. If the owner or person charged with the violation is not convicted, the device, equipment, conveyance, or property seized shall be released and returned to the owner or person charged.
(b) However, the device, equipment, conveyance, or property may not be forfeited if the owner was not a consenting party or privy to a violation.
Structure Maryland Statutes
Subtitle 12 - Penalties and Fines, Searches, Seizures and Forfeitures
Section 4-1202 - Collection and Disposition of Fines
Section 4-1203 - Search Warrants
Section 4-1204 - Searches Without Warrant
Section 4-1206 - Seizure, Forfeiture, and Disposition of Devices, Equipment, or Property
Section 4-1207 - Suspension and Revocation of Licenses by Court
Section 4-1208 - Expungement of Records
Section 4-1209 - Immediate Suspension of License for Failure to Appear in Court
Section 4-1210 - Oyster Poaching
Section 4-1211 - Revocation of Authorization to Catch Striped Bass or Crabs