U.S. Coin and Currency in Amount of $21,162.00 v. Director of Finance of Baltimore City, 81

• Decision Date: 13 January 1977
• Docket Number: No. 81,81
• Citation: 367 A.2d 1243,279 Md. 185
• Parties: UNITED STATES COIN AND CURRENCY IN the AMOUNT OF $21,162.00, et al. v. DIRECTOR OF FINANCE OF BALTIMORE CITY.
• Court: Maryland Court of Appeals

Page 185

279 Md. 185

367 A.2d 1243

UNITED STATES COIN AND CURRENCY IN the AMOUNT OF $21,162.00, et al. v. DIRECTOR OF FINANCE OF BALTIMORE CITY.

No. 81.

Court of Appeals of Maryland.

Jan. 13, 1977.

Robert V. Lazzaro, Baltimore, for appellants.

A. Gus Mastracci, Asst. City Sol., Baltimore (Benjamin L. Brown, City Solicitor and Harry S. Swartzwelder, Jr., Associate Solicitor, Baltimore, on the brief), for appellee.

Argued before SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ.

DIGGES. Judge.

We are here presented with a narrow question, and find that the answer becomes self-evident by simply reading a section of the Maryland Code. The question is whether appellee Director of Finance of Baltimore City may obtain title to $21,162 seized by the city police in a gambling raid, even though he failed to file his forfeiture petition within the time frame set out in Section 264 of Article 27. Md.Code (1957, 1976 Repl.Vol.). We determine that by inaction the director forfeited his rights with respect to this coin and currency; consequently, we will reverse the order of the Baltimore City Court vesting title to that money in the city.

We relate the pertinent happenings which give rise to this dispute: Samuel and Annie Mae Wells, husband and wife, reside at 116 North Smallwood Street in Baltimore City. Together they operate a small store known as Annie's Grocery located at 2149 West Lexington Street, a couple of blocks from their home. On July 11, 1975, the Baltimore City Police conducted simultaneous searches of the store and home, finding lottery slips in the former and lottery pay-off records in a first floor closet of the latter. Additionally, in the course of searching the second floor of the residence, the police located, and seized as contraband, a shopping bag which contained $21,162 in currency, food stamps having a value of $319, and personal checks totaling $490.49. The record discloses that on September 16, 1975, both Mr. and Mrs. Wells were found guilty of violating the lottery laws and on that day each was sentenced to pay a substantial fine. No appeal was noted by either defendant. The Director of Finance on January 13, 1976, some 119 days later, filed a petition in the Baltimore City Court for the forfeiture of the $21,162 seized by the police.

Section 264 of Article 27, the statute governing the disposition of cash seized by police officers in connection with an arrest for a violation of the gambling or lottery laws, in pertinent part ¹ provides:

(c) Forfeiture upon conviction.-If the trial or other ultimate disposition of such charge or charges, indictment or indictments, results in a record of conviction being entered against the person or persons so arrested, in connection with which the said money, currency, or cash may have been so seized or captured, the county treasurer of the county or director of finance in Baltimore City, shall within ninety days from the date of the record of the entry of such conviction, unless the case is appealed to an appellate court, make application to the circuit court of the county, for an order declaring and ordering that such money, currency or cash in the custody of the director of finance or county treasurer shall be forfeited to the sole use and gain of the county or city. The court to which any such application has been directed shall establish to its satisfaction that there is no pending and undetermined suit or proceeding which has been filed in any court of competent jurisdiction, against the director of finance or...