CAVALIERE v. TOWN OF NORTH BEACH

No. 1773, September Term, 1993.

101 Md. App. 319 (1994)

646 A.2d 1058

JOANN CAVALIERE v. TOWN OF NORTH BEACH, MARYLAND.

Court of Special Appeals of Maryland.

September 2, 1994.


Attorney(s) appearing for the Case

Robert H. Wolf (Alpertstein & Diener, P.A., on the brief), Baltimore, for appellant.

John F. Shay, Jr. (Knight, Manzi, Brennan, Ostrom & Ham, P.A., on the brief) Upper Marlboro, for appellee.

Argued before WILNER, C.J., ALPERT, J., and ROSALYN B. BELL, Associate Judge of the Court of Appeals (retired), Specially Assigned.


WILNER, Chief Judge.

The issue before us in this appeal is whether a State or local police officer who seizes a motor vehicle under the authority of Md.Code art. 27, § 297 may, instead of proceeding with a forfeiture action under that statute, defer to a Federal forfeiture proceeding under 21 U.S.C. § 881.

That issue, involving money rather than a vehicle, was probably before us once before, in State v. Walls, 90 Md.App....

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