# Criminal Procedure (GCP)

## Title 2. Law Enforcement Procedures; Arrest Process

### Subtitle 1. Definitions; General Provisions

#### 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.

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