# Criminal Procedure (GCP)

## Title 2. Law Enforcement Procedures; Arrest Process

### Subtitle 1. Definitions; General Provisions

#### Section 2-101

(a) In this title the following words have the meanings indicated.

(b) "Emergency" means a sudden or unexpected happening or an unforeseen combination of circumstances that calls for immediate action to protect the health, safety, welfare, or property of a person from actual or threatened harm or from an unlawful act.

(c) "Police officer" means a person who in an official capacity is authorized by law to make arrests and is:

  (1) a member of the Department of State Police;

  (2) a member of the Police Department of Baltimore City;

  (3) a member of the Baltimore City School Police Force;

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

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

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

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

  (8) 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;

  (9) a member of the Maryland Capitol Police of the Department of General Services;

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

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

  (12) a member of the Natural Resources Police Force of the Department of Natural Resources;

  (13) an authorized employee of the Field Enforcement Bureau of the Comptroller's Office;

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

  (15) a member of the Maryland-National Capital Park and Planning Commission Park Police;

  (16) a member of the Housing Authority of Baltimore City Police Force;

  (17) a member of the Crofton Police Department;

  (18) a member of the WMATA Metro Transit Police, subject to the jurisdictional limitations under Article XVI, Sec. 76 of the Washington Metropolitan Area Transit Authority Compact, which is codified at Sec. 10-204 of the Transportation Article;

  (19) a member of the Intelligence and Investigative Division of the Department;

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

  (21) a member of the Washington Suburban Sanitary Commission Police Force;

  (22) a member of the Ocean Pines Police Department;

  (23) a member of the police force of the Baltimore City Community College;

  (24) a member of the police force of the Hagerstown Community College;

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

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

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

#### Section 2-102

(a) This section does not apply to an employee of the Department of State Police to whom the Secretary of State Police assigns the powers contained in Sec. 2-412 of the Public Safety Article.

(b)

  (1) 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.

  (2) 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 Sec. 2-105 of this subtitle.

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

    (i)

      (1) the police officer is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction;

      (2) the police officer is rendering assistance to another police officer;

      (3) the police officer is acting at the request of a police officer or State Police officer; or

      (4) an emergency exists; and

    (ii) the police officer is acting in accordance with regulations adopted by the police officer's employing unit to carry out this section.

  (4) The powers granted by this section are in addition to the powers granted by Sec.Sec. 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.

(c)

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

    (i)

      (1) the chief of police, if any, or chief's designee, when in a municipal corporation;

      (2) the Police Commissioner or Police Commissioner's designee, when in Baltimore City;

      (3) the chief of police or chief's designee, when in a county with a county police department, except Baltimore City;

      (4) the sheriff or sheriff's designee, when in a county without a county police department;

      (5) the Secretary of Natural Resources or Secretary's designee, when on property owned, leased, operated by, or under the control of the Department of Natural Resources;

      (6) the chief of police of the Maryland Transportation Authority or chief's designee, when on property owned, leased, operated by, or under the control of the Maryland Transportation Authority, Maryland Aviation Administration, or Maryland Port Administration;

      (7) the chief of police of the Department of General Services or the chief's designee, when on property owned, leased, operated, managed, patrolled by, or under the control of the Department of General Services; or

      (8) the chief of police of the Maryland-National Capital Park and Planning Commission for the county in which the property is located, when on property owned, leased, or operated by or under the control of the Maryland-National Capital Park and Planning Commission; and

    (ii) the Department of State Police barrack commander or commander's designee, unless there is an agreement otherwise with the Department of State Police.

  (2) 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.

(d) A police officer who acts under the authority granted by this section:

  (1) 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

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

(e)

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

  (2) 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.

#### Section 2-103

(a) In this section, "primary law enforcement officer" means:

  (1) the chief of police, if any, or the chief's designee, in a municipal corporation;

  (2) the chief of police or the chief's designee in a county with a county police department;

  (3) the sheriff or the sheriff's designee in a county without a police department;

  (4) the Police Commissioner or the Police Commissioner's designee in Baltimore City;

  (5) 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;

  (6) 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

  (7) the Secretary of State Police.

(b) A police officer may arrest a person throughout the State without limitations as to jurisdiction if:

  (1) a warrant has been issued against the person;

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

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

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

(c) A police officer who acts under the authority granted by this section:

  (1) 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

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

#### Section 2-104

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "County superintendent" has the meaning stated in Sec. 1-101 of the Education Article.

  (3) "Covered officer" means an officer who may:

    (i) make an arrest with or without a warrant for violations of the United States Code; and

    (ii) carry firearms in the performance of the officer's duties.

  (4) "Sensitive location" has the meaning stated in Sec. 6-111 of the State Government Article.

(b)

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

    (i) make arrests as set forth in Subtitle 2 of this title; and

    (ii) execute arrest and search and seizure warrants issued under the laws of the State.

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

    (i) the covered officer is participating in a joint investigation with officials from a State or local law enforcement unit;

    (ii) the covered officer is rendering assistance to a police officer;

    (iii) the covered officer is acting at the request of a local police officer or State Police officer; or

    (iv) an emergency exists.

(c)

  (1) 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:

    (i)

      (1) the chief of police, if any, or chief's designee, when in a municipal corporation;

      (2) the police commissioner or police commissioner's designee, when in Baltimore City;

      (3) the chief of police or chief's designee, when in a county with a county police department, except Baltimore City;

      (4) the sheriff or sheriff's designee, when in a county without a county police department;

      (5) the Secretary of Natural Resources or Secretary's designee, when on property owned, leased, operated by, or under the control of the Department of Natural Resources; or

      (6) the chief of police of the Maryland Transportation Authority or chief's designee, when on property owned, leased, operated by, or under the control of the Maryland Transportation Authority, Maryland Aviation Administration, or Maryland Port Administration; and

    (ii) the Department of State Police barrack commander or commander's designee, unless there is an agreement otherwise with the Department of State Police.

  (2) 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.

  (3) If public school personnel, as defined in Sec. 7-1508.1 of the Education Article, is notified of immigration enforcement, as defined in Sec. 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.

(d) A covered officer who acts under the authority granted by this section:

  (1) has the same legal status as a police officer;

  (2) has the same protections as a police officer under Sec. 2-608 of the Courts Article with regard to charging documents against police officers; and

  (3) has the same immunity from liability described in Sec. 5-611 of the Courts Article.

(e) This section does not impose liability on or require indemnification by the State or a local subdivision for an act performed by a covered officer under this section.

#### Section 2-104.1

A United States Park Police officer may make arrests, conduct investigations, issue citations, and otherwise enforce the laws of the State within areas of the National Park System.

#### Section 2-104.2

(a) In this section, "sensitive location" has the meaning stated in Sec. 6-111 of the State Government Article.

(b)

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

  (2) 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:

    (i) the individual presents a valid warrant issued by a federal court; or

    (ii) exigent circumstances exist.

#### Section 2-105

(a) In this section, "governing body" means:

  (1) the county executive and county council of a charter county with a county executive;

  (2) the county council of a charter county with no county executive;

  (3) the board of county commissioners of a county; or

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

(b) By action as in the regular routine for legislative enactment, the governing body of a county or municipal corporation may determine the circumstances under which the police officers and other officers, agents, and employees of the county or municipal corporation, together with all necessary equipment, may lawfully go or be sent beyond the boundaries of the county or municipal corporation to any place within or outside the State.

(c)

  (1) 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.

  (2) 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.

  (3) 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 Sec. 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.

(d) In accordance with subsection (b) of this section, Allegany County and a municipal corporation in that county may make a reciprocal agreement to provide police officers and other officers, employees, and agents, together with all necessary equipment.

(e)

  (1) 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.

  (2) 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:

    (i) waive any and all claims that are against the other parties to the agreement and that may arise out of their activities outside their respective jurisdictions under the agreement; and

    (ii) indemnify and hold harmless the other parties to the agreement from all claims by third parties that are for property damage or personal injury and that may arise out of the activities of the other parties to the agreement outside their respective jurisdictions under the agreement.

(f) The governing body of a county or municipal corporation in the State may obtain or extend the necessary public liability insurance to cover claims that arise out of mutual aid agreements made with another county or municipal corporation outside the State.

(g)

  (1) 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.

  (2) 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.

#### Section 2-106

(a)

  (1) 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.

  (2) 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.

(b)

  (1) 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.

  (2) 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.

(c) This section does not affect or extend the time period for bringing an arrested person before a judicial officer after arrest.

#### Section 2-106.1

(a) This section applies only in Allegany County.

(b) Except as provided in subsection (c) of this section, a police officer or an agent acting on behalf of a law enforcement agency shall keep custody of an arrested person from the time of arrest until the arrested person is:

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

  (2) released from custody; or

  (3) in the custody of another police officer.

(c) A correctional officer may keep custody of or provide transport for an arrested person who is awaiting transfer to another jurisdiction or waiting to see a judicial officer of the court if:

  (1) 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;

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

  (3) 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.

#### Section 2-107

(a)

  (1) 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:

    (i) suffers from epilepsy, diabetes, a cardiac condition, or another type of illness that causes semiconsciousness or unconsciousness; and

    (ii) is carrying the identification bracelet, tag, or card described in subsection (b) of this section.

  (2) 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:

    (i) notify the person's physician immediately; or

    (ii) have the person immediately transported to:

      (1) a physician; or

      (2) a facility where the services of a physician are available.

(b) A person who suffers from epilepsy, diabetes, a cardiac condition, or other type of illness that causes temporary blackouts, semiconscious periods, or complete unconsciousness may wear an identification bracelet or metal tag or carry an identification card that is engraved, stamped, or imprinted with the person's name, type of illness, physician's name, and required medication.

(c)

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

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

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

#### Section 2-108

(a) A law enforcement officer who charges a minor with a criminal offense shall make a reasonable attempt to provide actual notice to the parent or guardian of the minor of the charge.

(b) If a law enforcement officer takes a minor into custody, the law enforcement officer or the officer's designee shall make a reasonable attempt to notify the parent or guardian of the minor in accordance with the requirements of Sec. 3-8A-14 of the Courts Article.

(c) If a law enforcement officer alleges the commission of an act by a child under the age of 13 years that, if committed by an adult, would constitute theft of a motor vehicle under Sec. 7-105 of the Criminal Law Article, the law enforcement officer shall forward the complaint to the Department of Juvenile Services to file a petition alleging that the child is in need of supervision.

(d) If a law enforcement officer alleges the commission of an act by a child under the age of 13 years that results in the death of a victim, the law enforcement officer shall forward the complaint to the Department of Juvenile Services for appropriate action.

#### Section 2-109

(a) At the commencement of a traffic stop or other stop, absent exigent circumstances, a police officer shall:

  (1) display proper identification to the stopped individual; and

  (2) provide the following information to the stopped individual:

    (i) the officer's name;

    (ii) the officer's identification number issued by the law enforcement agency the officer is representing;

    (iii) the name of the law enforcement agency the police officer is representing; and

    (iv) the reason for the traffic stop or other stop.

(b) A police officer's failure to comply with subsection (a) of this section:

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

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

(c) A police officer may not prohibit or prevent a citizen from recording the police officer's actions if the citizen is otherwise acting lawfully and safely.

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Md. Code Ann., Crim. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)