THE DRUG NUISANCE ABATEMENT LAW

WHAT IS THE DRUG NUISANCE ABATEMENT LAW? The Drug Nuisance Abatement Law says that a property, mobile home, or vacant lot that is being used for drug activity is a nuisance. This can be any property which is used:

WHO CAN SUE? - A drug nuisance suit can be brought by:

WHO CAN BE SUED? - The law allows a suit against either:

WHAT DOES THE LAW ALLOW US TO DO? - In a drug nuisance suit, the court has the power to:

HOW MUCH PROOF IS NECESSARY?
Unlike a criminal action, under the drug nuisance law, we just need to prove that there is drug-related activity by a preponderance of the evidence. In most cases, there will be observations of drug-related activity and/or direct tangible evidence (search and seizure or arrests with lab reports). In addition, the law specifically states that the "general reputation of the property" can be used as corroborating evidence for evidence obtained in a search and seizure. And, the court can still grant relief even if the dealing has stopped for the time being.

WHAT IF THE MEMBERS OF THE COMMUNITY ARE TOO FRIGHTENED TO TESTIFY?
If there is enough police testimony, the law allows for a drug nuisance abatement case to be brought and won without requiring testimony from community members. However, it is very useful to have community testimony or support. Moreover, organized community support will probably be necessary to enforce any court-ordered solution.

WHAT ARE THE STEPS INVOLVED?

Information Courtesy of Community Law Center, Inc.- 2500 Maryland Avenue
Baltimore, Maryland 21218 - 410/ 366 - 0922 | fax 366 - 7763

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This document was last modified on: Tuesday, 01-May-2007 06:34:16 EDT