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Robert L. Serio v. State of Maryland, No. 17, September Term, 2004. Constitutional Law: Article 24 of the Maryland Declaration of Rights -- Taking of P rope rty. Wrongful retention of seized firearms held unconstitutional under Article 24 of the Maryland Declaration of Rights. Although Serio, a convicted felon, may not possess firearms, he retains a due process protec tion against wrongfu l retention of his p rope rty by th e Co unty. Because the County wrongfully retained the firearms, Serio may be entitled to "just compensation."

IN THE COURT OF APPEALS OF MARYLAND

No. 17

September Term, 2004

ROB ERT L . SERIO , et al. v. BALTIMORE COUNTY, MARYLAND

Bell, C.J. Raker Wilner Cathell Harrell Battaglia Greene, JJ.

Opinion by Battaglia, J.

Filed:

December 14, 2004

Petitioner, Robert L. Serio, comes before this Court to challenge the Court of Special Appeals's affirmation of the trial cou rt's summa ry judgment e ntered aga inst him. Serio argues that Baltimore County's continued retention of firearms seized from his home and its refusal to restore the seized property to him through a designee or through a sale and remuneration to him because he is a convicted felon violates A rticle 24 of the Maryland Declaration of Rights and the provisions of Section 551(c) of Article 27 of the Maryland Code (1957, 19 96 Rep l. Vol., 1998 Cum. Supp.). Based upon the circumstances of this case, we reverse the summary judgment entered in favor of the defendants in light of our decision that Serio retains a property interest in the firearms even though he cannot possess them. I. Background A. Facts On Octob er 8, 1998, the petitioner, Robert Serio ("Serio"), was driving with Stacy Corbin on York Road in Baltimo re County when the car struck a guardrail and overturned. Miss Corbin was thrown from the c ar an d die d at th e sce ne of the acci dent. Subseq uently, Serio was charged with vehicular manslaughter, which is a felony in Maryland.1 He pled

1

Md. Code (1 957, 199 6 Repl. Vol., 1998 Cum. Supp.), Art. 27

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