Gatewood v. State

Singley, J., delivered the opinion of the Court. Gatewood, convicted on his guilty plea of possession of controlled dangerous substances, heroin and marijuana, and sentenced to four years’ confinement, understandably takes umbrage at an order of the Baltimore City Court forfeiting to the State of Maryland, to the use of the police commissioner of Baltimore City, an amount of $1,862.10 in United States coin and currency found in close proximity to the controlled dangerous substances incident to the execution of a valid search warrant. 1 This appeal is from that order. A brief summary of the relevant facts will suffice. On 13 September 1971, Officer John Seibold of the Baltimore City Police Department, armed with a search and seizure warrant, went to Gatewood’s house in Baltimore, and ³⁵¹ was admitted by Gatewood.

In a brown paper bag in Gatewood’s bedroom were four bags of heroin, a bottle of marijuana and a bank money bag containing $1,862.10 in cash. Gatewood was convicted on 8 November 1971. On 18 April 1972, at a time when the $1,862.10 was still in the custody of the Police Department, Gatewood filed in the Criminal Court of Baltimore a petition seeking a return of the money, to which was attached an assignment to his attorney of all his right, title and interest in it. About a week later, the State countered with a petition for forfeiture, filed under Maryland Code (1957, 1971 Repl.

Vol.) Art. 27, § 297. The cases were consolidated for trial and resulted in the order which gave rise to this appeal. The following is an excerpt from the statute here controlling : “§ 297. Forfeitures and seizures generally.

(a) Property subject to forfeiture.—The following shall be subject to forfeiture and no property right shall exist in them: (6) All money or currency which shall be found in close proximity to contraband controlled dangerous substances or controlled paraphernalia or which otherwise has been used or intended for use in connection with the illegal manufacture, distribution, dispensing or possession of controlled dangerous substances or controlled paraphernalia. (b) Seizure of property subject to forfeiture. —Any property subject to forfeiture under this subheading may be seized upon process issued by any court having jurisdiction over the property except that seizure without such process may be made when— (1) The seizure is incident to an arrest or a search under a search warrant or an inspec ³⁵² tion under an administrative inspection warrant; (2) The property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding under this subheading; (3) There is probable cause to believe that the property is directly or indirectly dangerous to health or safety; or (4) There is probable cause to believe that the property has been used or intended to be used in violation of this subheading. In the event of seizure pursuant to paragraphs (3) and (4) of this subsection, proceedings under subsection (d) of this section shall be instituted promptly. (c) Seized property not repleviable; sealing or removal of seized property.—Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the person who seized said property subject only to the orders and decrees of the court or the official having jurisdiction thereof.

Whenever property is seized under the provisions of this subheading, the person who seized said property may: (1) Place the property under seal; (2) Remove the property to a place designated by the court; (d) Disposition of forfeited property.— Whenever property is forfeited under this subheading, the political subdivision in which such property was seized, or, if the property was seized by State authorities, the State may: (1) Retain the property for official use; (2) Sell any forfeited property which is not required to be destroyed by law and which is not harmful to the