Criminal Procedure (GCP) — Title 2. Law Enforcement Procedures; Arrest Process

a member of the Department of State Police;

a member of the Police Department of Baltimore City;

a member of the Baltimore City School Police Force;

a member of the police department, bureau, or force of a county;

a member of the police department, bureau, or force of a municipal corporation;

a member of the Maryland Transit Administration Police Force or Maryland Transportation Authority Police Force;

a member of the University System of Maryland Police Force or Morgan State University Police Force;

a special police officer who is appointed to enforce the law and maintain order on or protect property of the State or any of its units;

a member of the Maryland Capitol Police of the Department of General Services;

the sheriff of a county whose usual duties include the making of arrests;

a regularly employed deputy sheriff of a county who is compensated by the county and whose usual duties include the making of arrests;

a member of the Natural Resources Police Force of the Department of Natural Resources;

an authorized employee of the Field Enforcement Bureau of the Comptroller’s Office;

an authorized member of the Field Enforcement Division of the Alcohol and Tobacco Commission;

a member of the Maryland–National Capital Park and Planning Commission Park Police;

a member of the Housing Authority of Baltimore City Police Force;

a member of the Crofton Police Department;

a member of the WMATA Metro Transit Police, subject to the jurisdictional limitations under Article XVI, § 76 of the Washington Metropolitan Area Transit Authority Compact, which is codified at § 10–204 of the Transportation Article;

a member of the Intelligence and Investigative Division of the Department;

a member of the State Forest and Park Service Police Force of the Department of Natural Resources;

a member of the Washington Suburban Sanitary Commission Police Force;

a member of the Ocean Pines Police Department;

a member of the police force of the Baltimore City Community College;

a member of the police force of the Hagerstown Community College;

an employee of the Warrant Apprehension Unit of the Intelligence and Investigative Division in the Department;

a member of the police force of the Anne Arundel Community College; or

a member of the police department of the Johns Hopkins University established in accordance with Title 24, Subtitle 12 of the Education Article.

Subject to the limitations of paragraph (3) of this subsection, a police officer may make arrests, conduct investigations, and otherwise enforce the laws of the State throughout the State without limitations as to jurisdiction.

This section does not authorize a police officer who acts under the authority granted by this section to enforce the Maryland Vehicle Law beyond the police officer’s sworn jurisdiction, unless the officer is acting under a mutual aid agreement authorized under § 2-105 of this subtitle.

A police officer may exercise the powers granted by this section when:

The powers granted by this section are in addition to the powers granted by §§ 5-801, 5-802, 5-807, 5-808, and 5-901 of the Criminal Law Article and to the powers of fresh pursuit granted by Subtitle 3 of this title.

A police officer who acts under the authority granted by this section shall notify the following persons of an investigation or enforcement action:

When the police officer participates in a joint investigation with officials from another state, federal, or local law enforcement unit, the police officer shall give the notice required under paragraph (1) of this subsection reasonably in advance.

has all the immunities from liability and exemptions as a State Police officer in addition to any other immunities and exemptions to which the police officer is otherwise entitled; and

remains at all times and for all purposes an employee of the employing unit.

This section does not impair a right of arrest otherwise existing under the Code.

This section does not deprive a person of the right to receive a citation for a traffic violation as provided in the Maryland Vehicle Law or a criminal violation as provided by law or the Maryland Rules.

the chief of police, if any, or the chief’s designee, in a municipal corporation;

the chief of police or the chief’s designee in a county with a county police department;

the sheriff or the sheriff’s designee in a county without a police department;

the Police Commissioner or the Police Commissioner’s designee in Baltimore City;

the Secretary of Natural Resources or the Secretary’s designee on any property owned, leased, operated by, or under the control of the Department of Natural Resources;

the chief of police of the Maryland Transportation Authority or chief’s designee on property owned, leased, operated by, or under the control of the Maryland Aviation Administration, the Maryland Port Administration, or the Maryland Transportation Authority; or

the Secretary of State Police.

a warrant has been issued against the person;

the police officer is participating in a joint operation created by an agreement between the primary law enforcement officers;

the arrest occurs within one of the participating jurisdictions in accordance with the agreement; and

the police officer is acting in accordance with regulations that the police officer’s employing unit adopts to carry out this section.

has all the immunities from liability and exemptions as a State Police officer in addition to any other immunities and exemptions to which the police officer is otherwise entitled; and

remains at all times and for all purposes an employee of the employing unit.

In this section the following words have the meanings indicated.

“County superintendent” has the meaning stated in § 1–101 of the Education Article.

“Covered officer” means an officer who may:

“Sensitive location” has the meaning stated in § 6–111 of the State Government Article.

Subject to the limitations of paragraph (2) of this subsection, a covered officer may:

A covered officer may exercise the powers granted by this subsection when:

A covered officer who acts under the authority granted by this section shall notify the following persons of an investigation, an enforcement action, or a federal immigration enforcement action at a sensitive location:

When the federal law enforcement officer participates in a joint investigation with officials from a State or local law enforcement unit, the covered officer shall give the notice required under paragraph (1) of this subsection reasonably in advance.

If public school personnel, as defined in § 7–1508.1 of the Education Article, is notified of immigration enforcement, as defined in § 6–111 of the State Government Article, in a sensitive location that includes a school under paragraph (1) of this subsection, the public school personnel shall notify the county superintendent of the affected school or the county superintendent’s designee.

has the same legal status as a police officer;

has the same protections as a police officer under § 2–608 of the Courts Article with regard to charging documents against police officers; and

has the same immunity from liability described in § 5–611 of the Courts Article.

This subsection does not apply to a State or local correctional facility or a detention facility in a District Court or circuit court house.

A public school, a public library, or a unit of the Executive Branch of State or local government that operates at a sensitive location shall deny access to any portion of the sensitive location that requires a security screening or is not accessible to the general public to any individual who is seeking access for the purpose of enforcing federal immigration law, unless:

the county executive and county council of a charter county with a county executive;

the county council of a charter county with no county executive;

the board of county commissioners of a county; or

the mayor and council, by whatever name known, of a municipal corporation.

The acts done by the police officers or other officers, agents, or employees of a county or municipal corporation under the authority of subsection (b) of this section and the expenditures made by the county or municipal corporation are considered to be for a public and governmental purpose.

When a county or municipal corporation is acting through its police officers or other officers, agents, or employees for a public or governmental purpose beyond its boundaries under this section or other lawful authority, the county or municipal corporation has the same immunities from liability that the county or municipal corporation has when acting through its police officers or other officers, agents, or employees for a public or governmental purpose within its boundaries.

When the police officers or other officers, agents, or employees of a county or municipal corporation are acting beyond the boundaries of the county or municipal corporation within the State under this section or other lawful authority, the police officers and other officers, agents, and employees of the county or municipal corporation have the same immunity from liability described in § 5-612 of the Courts Article and exemptions from laws, ordinances, and regulations, and the same pension, relief, disability, workers' compensation, and other benefits as those persons have while performing their duties within the boundaries of the county or municipal corporation.

The governing body of a county or municipal corporation or the Maryland-National Capital Park and Planning Commission may make a reciprocal agreement for the period that it considers advisable with the District of Columbia or a county, municipal corporation, or the Maryland-National Capital Park and Planning Commission, within or outside the State, and establish and carry out a plan to provide mutual aid by providing its police officers and other officers, employees, and agents, together with all necessary equipment as provided in subsection (b) of this section.

A county, municipal corporation, or the Maryland-National Capital Park and Planning Commission may not make a reciprocal agreement unless the agreement provides that each party shall:

The police officers and other officers, agents, and employees coming from one county or municipal corporation to another within the State under a reciprocal agreement under this section may enforce the laws of the State to the same extent as authorized law enforcement officers of the receiving county or municipal corporation.

The police officers and other officers, agents, and employees coming into the State under a reciprocal agreement under this section may enforce the laws of the State to the same extent as authorized law enforcement officers of a county or municipal corporation in the State.

A peace officer, who is appointed in the jurisdiction in which a person is arrested, may keep custody of the arrested person in another jurisdiction in which a District Court commissioner is located to bring the person before the District Court commissioner in the other jurisdiction.

The peace officer has the same power to keep custody of the arrested person under paragraph (1) of this subsection that the peace officer has in the jurisdiction for which the peace officer is appointed and the arrest is made.

A peace officer, who is appointed in the jurisdiction for which a charging document is issued for a person who is arrested in another jurisdiction, may obtain custody of the arrested person in the other jurisdiction to bring the person before a District Court commissioner in the jurisdiction in which the charging document is issued.

The peace officer has the same power to keep custody of the arrested person under paragraph (1) of this subsection that the peace officer has in the jurisdiction for which the peace officer is appointed.

committed by lawful authority to a State or local correctional facility;

released from custody; or

in the custody of another police officer.

the Commissioner of the Division of Pretrial Detention and Services or local managing official has assigned the correctional officer to supervise and transport incarcerated individuals;

the correctional officer will supervise the arrested person in a correctional facility or during transport; and

the correctional facility is not addressing a situation that poses a severe threat to maintaining the desired level of security and safety of the arrested person or persons inside the correctional facility at the time of the transfer of custody.

Before a law enforcement officer may charge with a crime a person who is found by the law enforcement officer in a semiconscious or unconscious condition, the law enforcement officer shall make a diligent effort to determine whether the person:

If the law enforcement officer determines that the person suffers from an illness that causes semiconsciousness or unconsciousness, and the person is carrying the identification bracelet, tag, or card described in subsection (b) of this section, the law enforcement officer shall:

A person may not willfully and knowingly falsify identification described in subsection (b) of this section.

A person may not deliberately misrepresent an illness that causes blackouts, semiconsciousness, or unconsciousness as described in subsection (b) of this section.

A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

display proper identification to the stopped individual; and

provide the following information to the stopped individual:

may be grounds for administrative disciplinary action against the officer; and

may not serve as the basis for the exclusion of evidence under the exclusionary rule.

a traffic violation as provided in the Maryland Vehicle Law; or

a criminal violation as provided by law or the Maryland Rules.

that the person has committed a crime listed in subsection (b) of this section; and

that unless the person is arrested immediately, the person:

manslaughter by vehicle or vessel under § 2–209 of the Criminal Law Article;

malicious burning under § 6–104 or § 6–105 of the Criminal Law Article or an attempt to commit the crime;

malicious mischief under § 6–301 of the Criminal Law Article or an attempt to commit the crime;

a theft crime where the value of the property or services stolen is less than $1,000 under § 7–104 or § 7–105 of the Criminal Law Article or an attempt to commit the crime;

the crime of giving or causing to be given a false alarm of fire under § 9–604 of the Criminal Law Article;

indecent exposure under § 11–107 of the Criminal Law Article;

a crime that relates to controlled dangerous substances under Title 5 of the Criminal Law Article or an attempt to commit the crime;

the wearing, carrying, or transporting of a handgun under § 4–203 or § 4–204 of the Criminal Law Article;

carrying or wearing a concealed weapon under § 4–101 of the Criminal Law Article;

prostitution and related crimes under Title 11, Subtitle 3 of the Criminal Law Article; and

violation of a condition of pretrial or posttrial release under § 5–213.1 of this article.

the police officer has probable cause to believe that:

a report to the police was made within 48 hours of the alleged incident.

is serving under a proclamation of a state of emergency issued by the Governor, as provided in § 14–303 of the Public Safety Article, as:

is serving as a member of the militia ordered into active service by the Governor under § 13–702 of the Public Safety Article; or

is a member of the armed forces of the United States under orders to aid civil authorities of the State in enforcing law and order, subject to subsection (c) of this section.

The State Fire Marshal or a full–time investigative and inspection assistant of the Office of the State Fire Marshal may arrest a person without a warrant if the State Fire Marshal or assistant has probable cause to believe:

The powers of arrest set forth in paragraph (1) of this subsection apply only to the crimes listed in this paragraph and to attempts, conspiracies, and solicitations to commit these crimes:

The State Fire Marshal or a full–time investigative and inspection assistant of the Office of the State Fire Marshal may arrest a person without a warrant if the State Fire Marshal or assistant has probable cause to believe:

The crimes referred to in paragraph (1) of this subsection are:

The State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal may act under the authority granted by § 2–102 of this title to police officers as provided under paragraph (2) of this subsection.

When acting under the authority granted by § 2–102 of this title, the State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal has the powers of arrest set forth in §§ 2–202, 2–203, and 2–204 of this subtitle.

The State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal who acts under the authority granted by this section shall notify the following persons of an investigation or enforcement action:

When the State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal participates in a joint investigation with officials from another state, federal, or local law enforcement unit, the State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal shall give the notice required under paragraph (1) of this subsection reasonably in advance.

has the same immunities from liability and exemptions as a State Police officer in addition to any other immunities and exemptions to which the State Fire Marshal or full–time investigative and inspection assistant is otherwise entitled; and

remains at all times and for all purposes an employee of the employing unit.

This section does not impair a right of arrest otherwise existing under the Code.

This section does not deprive a person of the right to receive a citation for a traffic violation as provided in the Maryland Vehicle Law or a criminal violation as provided by law or the Maryland Rules.

is assigned full time to the Fire and Explosive Investigations Unit of the Montgomery County Fire and Rescue Service and is a paid employee;

has been employed by the Montgomery County Fire and Rescue Service as a firefighter/rescuer for at least 5 years;

has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article; and

at all times maintains active certification by the Maryland Police Training and Standards Commission.

while operating in Montgomery County; and

while operating outside Montgomery County when:

may limit the authority of a Montgomery County fire and explosive investigator under this section; and

shall express the limitation in a written policy.

is assigned full time to the Fire and Explosive Investigations Section of the Anne Arundel County or City of Annapolis Fire Marshal’s Office and is a paid employee;

has been employed by the Anne Arundel County or City of Annapolis Fire Department as a firefighter for at least 5 years;

has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article; and

at all times maintains active certification by the Maryland Police Training and Standards Commission.

while operating in Anne Arundel County or the City of Annapolis; and

while operating outside Anne Arundel County or the City of Annapolis when:

may limit the authority of an Anne Arundel County or City of Annapolis fire and explosive investigator under this section; and

shall express the limitation in a written policy.

is assigned full time to the Fire and Explosive Investigations Section of the Prince George’s County Fire/EMS Department;

has attained the position of deputy fire marshal; and

has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article.

while operating in Prince George’s County; and

while operating outside Prince George’s County when:

may limit the authority of a Prince George’s County fire and explosive investigator under this section; and

shall express the limitation in a written policy.

is assigned full–time to the fire and explosive investigations section of the County Fire Marshal’s Office; and

while operating in Worcester County; and

while operating outside Worcester County when:

may limit the authority of a fire and explosive investigator under this section; and

shall express the limitation in a written policy.

is assigned full time to the fire and explosive investigations section of the City of Hagerstown Fire Marshal’s Office and is a paid employee;

has been employed by the City of Hagerstown Fire Department as a firefighter for at least 5 years;

has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article; and

at all times maintains active certification by the Maryland Police Training and Standards Commission.

while operating in the City of Hagerstown; and

while operating outside the City of Hagerstown when:

may limit the authority of a fire and explosive investigator under this section; and

shall express the limitation in a written policy.

is assigned full–time to the Fire Investigations Division of the Howard County Fire Marshal’s Office and is a paid employee;

has been employed by the Howard County Fire Department as a firefighter for at least 5 years;

has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article; and

at all times maintains active certification by the Maryland Police Training and Standards Commission.

while operating in Howard County; and

while operating outside Howard County when:

may limit the authority of a fire and explosive investigator under this section; and

shall express the limitation in a written policy.

Fresh pursuit is pursuit that is continuous and without unreasonable delay.

Fresh pursuit need not be instant pursuit.

In determining whether the pursuit meets the elements of fresh pursuit, a court shall apply the requirements of the common law definition of fresh pursuit that relates to these elements.

has committed or is reasonably believed by the law enforcement officer to have committed a felony in the jurisdiction in which the law enforcement officer has the power of arrest; or

has committed a misdemeanor in the presence of the law enforcement officer in the jurisdiction in which the law enforcement officer has the power of arrest.

arrest the person anywhere in the State and hold the person in custody; and

return the person to the jurisdiction in which a court has proper venue for the crime alleged to have been committed by the person.

fresh pursuit as defined by the common law; and

pursuit without unreasonable delay, but not necessarily instant pursuit, of a person who:

“Facial recognition technology” means a computer program, a service, or any other technology that analyzes facial features and is used by or at the direction of a law enforcement agency for the identification, verification, or persistent tracking of individuals in still or video images for use in criminal investigations.

“Facial recognition technology” does not include technology:

Subject to paragraph (2) of this subsection, results generated by facial recognition technology may be considered or introduced as evidence in connection with a criminal proceeding only for the purpose of establishing probable cause or positive identification:

A police officer or other employee or agent of a law enforcement agency may not, in the furtherance of a criminal investigation:

Before being used for any purpose in relation to a criminal investigation, a result generated by facial recognition technology shall be independently verified by an individual who has completed training in accordance with § 2–505 of this subtitle.

the police officer’s, employee’s, or agent’s personal interest not related to legitimate duties or objectives of the law enforcement agency;

the individual’s political or social beliefs or activities;

the individual’s participation in lawful activities; or

the individual’s race, color, religious beliefs, sexual orientation, gender, disability, national origin, or status as being homeless.

Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, a result generated by facial recognition technology in violation of this section and all other evidence subsequently derived from the result may not be introduced by the State for any purpose in a criminal court proceeding or in a juvenile court proceeding under Title 3, Subtitle 8A of the Courts Article.

Evidence derived from a result generated in violation of subsection (a)(1) of this section may be introduced for a purpose described in § 2–502 of this subtitle if the court finds that the evidence would otherwise be subject to a legally valid exception to the exclusionary rule.

This subsection may not be construed to allow the use of a result generated using facial recognition technology to be introduced as evidence in a criminal trial or in an adjudicatory hearing held under § 3–8A–18 of the Courts Article.

On or before October 1 each year, a law enforcement agency that uses or contracts for the use of facial recognition technology shall complete an audit to determine compliance with this subtitle as well as applicable local laws, regulations, and policies.

The results of the audit conducted under this subsection, including any records, data, papers, or materials evaluated as part of the audit, shall be:

On or before June 30, 2026, the Department of Public Safety and Correctional Services shall develop and administer a training program regarding the use of facial recognition technology in the course of criminal investigations, including training on cultural diversity and implicit bias.

In developing the training program required under paragraph (1) of this subsection, the Department shall evaluate the availability and relevance of any proficiency testing regarding the use of facial recognition technology in the course of criminal investigations.

the name of each facial recognition system and the names and a description of the databases searched;

for each facial recognition system, the total number of facial recognition searches performed by the law enforcement agency and the type of crime or incident associated with each use;

the total number of possible matches returned that led to further investigative action for each facial recognition system and for each database searched including the age, race, and gender of individuals connected to the possible matches returned if the information is available from the government records searched; and

any data breaches or unauthorized uses of facial recognition technology under the law enforcement agency’s control.