# Criminal Procedure (GCP)

## Title 2. Law Enforcement Procedures; Arrest Process

### Subtitle 2. Warrantless Arrests

#### Section 2-201

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

(b) This subtitle does not deprive a person of the right to receive a citation for:

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

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

#### Section 2-202

(a) A police officer may arrest without a warrant a person who commits or attempts to commit a felony or misdemeanor in the presence or within the view of the police officer.

(b) A police officer who has probable cause to believe that a felony or misdemeanor is being committed in the presence or within the view of the police officer may arrest without a warrant any person whom the police officer reasonably believes to have committed the crime.

(c) A police officer without a warrant may arrest a person if the police officer has probable cause to believe that a felony has been committed or attempted and the person has committed or attempted to commit the felony whether or not in the presence or within the view of the police officer.

#### Section 2-203

(a) A police officer without a warrant may arrest a person if the police officer has probable cause to believe:

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

  (2) that unless the person is arrested immediately, the person:

    (i) may not be apprehended;

    (ii) may cause physical injury or property damage to another; or

    (iii) may tamper with, dispose of, or destroy evidence.

(b) The crimes referred to in subsection (a)(1) of this section are:

  (1) manslaughter by vehicle or vessel under Sec. 2-209 of the Criminal Law Article;

  (2) malicious burning under Sec. 6-104 or Sec. 6-105 of the Criminal Law Article or an attempt to commit the crime;

  (3) malicious mischief under Sec. 6-301 of the Criminal Law Article or an attempt to commit the crime;

  (4) a theft crime where the value of the property or services stolen is less than $1,000 under Sec. 7-104 or Sec. 7-105 of the Criminal Law Article or an attempt to commit the crime;

  (5) the crime of giving or causing to be given a false alarm of fire under Sec. 9-604 of the Criminal Law Article;

  (6) indecent exposure under Sec. 11-107 of the Criminal Law Article;

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

  (8) the wearing, carrying, or transporting of a handgun under Sec. 4-203 or Sec. 4-204 of the Criminal Law Article;

  (9) carrying or wearing a concealed weapon under Sec. 4-101 of the Criminal Law Article;

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

  (11) violation of a condition of pretrial or posttrial release under Sec. 5-213.1 of this article.

#### Section 2-204

(a) A police officer without a warrant may arrest a person if:

  (1) the police officer has probable cause to believe that:

    (i) the person battered the person's spouse or another person with whom the person resides;

    (ii) there is evidence of physical injury; and

    (iii) unless the person is arrested immediately, the person:

      (1) may not be apprehended;

      (2) may cause physical injury or property damage to another; or

      (3) may tamper with, dispose of, or destroy evidence; and

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

(b) If the police officer has probable cause to believe that mutual battery occurred and arrest is necessary under subsection (a) of this section, the police officer shall consider whether one of the persons acted in self-defense when determining whether to arrest the person whom the police officer believes to be the primary aggressor.

#### Section 2-204.1

A police officer shall arrest with or without a warrant and take into custody a person who the officer has probable cause to believe is in violation of a protective order as described in Sec. 4-508.1(c) or Sec. 4-509(b) of the Family Law Article.

#### Section 2-205

A police officer without a warrant may arrest a person if:

(1) the police officer has probable cause to believe the person has engaged in stalking under Sec. 3-802 of the Criminal Law Article;

(2) there is credible evidence other than the statements of the alleged stalking victim to support the probable cause under item (1) of this section; and

(3) the police officer has reason to believe that the alleged stalking victim or another person is in danger of imminent bodily harm or death.

#### Section 2-206

(a) This section applies during a public emergency, as defined in Sec. 14-301(e)(1) or (2) of the Public Safety Article, and when public safety is imperiled, or on reasonable apprehension of immediate danger of public safety being imperiled.

(b) During a time described in subsection (a) of this section, the authority to make an arrest without a warrant granted to police officers under this title is granted to a person who:

  (1) is serving under a proclamation of a state of emergency issued by the Governor, as provided in Sec. 14-303 of the Public Safety Article, as:

    (i) a member of a law enforcement unit that is listed in Sec. 2-101(c) of this title; or

    (ii) a member of the militia called into action by the Governor, as provided in Sec. 14-306 of the Public Safety Article;

  (2) is serving as a member of the militia ordered into active service by the Governor under Sec. 13-702 of the Public Safety Article; or

  (3) 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.

(c) The grant of authority under subsection (b)(3) of this section does not limit or impair any power or duty of a member of the armed forces of the United States or authorize any action incompatible with federal law or regulations.

#### Section 2-207

(a) Correctional employees assigned by the Commissioner of Correction to monitor incarcerated individuals on home detention under Title 3, Subtitle 4 of the Correctional Services Article have the same powers to arrest incarcerated individuals in the home detention program as are set forth in this title for police officers.

(b) Parole and probation employees assigned by the Director of Parole and Probation to supervise offenders on home detention under Sec. 6-108 of the Correctional Services Article have the same powers to arrest these offenders as are set forth in this title for police officers.

(c) Correctional officers designated by the Commissioner of Correction under Sec. 3-216 of the Correctional Services Article have the same powers to arrest persons on the property of a correctional facility of the Division of Correction as are set forth in this title for police officers.

(d) Correctional officers designated by the managing official of a local correctional facility under Sec. 11-802 of the Correctional Services Article have the same powers to arrest persons on the property of the facility as are set forth in this title for police officers.

#### Section 2-208

(a)

  (1) 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:

    (i) a felony that is a crime listed in paragraph (2) of this subsection has been committed or attempted; and

    (ii) the person to be arrested has committed or attempted to commit the felony whether or not in the presence or within the view of the State Fire Marshal or assistant.

  (2) 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:

    (i) murder under Sec. 2-201(4) of the Criminal Law Article;

    (ii) setting fire to a dwelling or occupied structure under Sec. 6-102 of the Criminal Law Article;

    (iii) setting fire to a structure under Sec. 6-103 of the Criminal Law Article;

    (iv) a crime that relates to destructive devices under Sec. 4-503 of the Criminal Law Article; and

    (v) making a false statement or rumor as to a destructive device under Sec. 9-504 of the Criminal Law Article.

(b)

  (1) 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:

    (i) the person has committed a crime listed in paragraph (2) of this subsection; and

    (ii) unless the person is arrested immediately, the person:

      (1) may not be apprehended;

      (2) may cause physical injury or property damage to another; or

      (3) may tamper with, dispose of, or destroy evidence.

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

    (i) a crime that relates to a device that is constructed to represent a destructive device under Sec. 9-505 of the Criminal Law Article;

    (ii) malicious burning in the first or second degree under Sec. 6-104 or Sec. 6-105 of the Criminal Law Article;

    (iii) burning the contents of a trash container under Sec. 6-108 of the Criminal Law Article;

    (iv) making a false alarm of fire under Sec. 9-604 of the Criminal Law Article;

    (v) a crime that relates to burning or attempting to burn property as part of a religious or ethnic crime under Sec. 10-304 or Sec. 10-305 of the Criminal Law Article;

    (vi) a crime that relates to interference, obstruction, or false representation of fire and safety personnel under Sec. 6-602 or Sec. 7-402 of the Public Safety Article; and

    (vii) threatening arson or attempting, causing, aiding, counseling, or procuring arson in the first or second degree or malicious burning in the first or second degree under Title 6, Subtitle 1 of the Criminal Law Article.

(c)

  (1) 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 Sec. 2-102 of this title to police officers as provided under paragraph (2) of this subsection.

  (2) When acting under the authority granted by Sec. 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 Sec.Sec. 2-202, 2-203, and 2-204 of this subtitle.

(d)

  (1) 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:

    (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 respective chief of police 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 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.

(e) A 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:

  (1) 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

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

(f)

  (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 2-208.1

(a) In this section, "Montgomery County fire and explosive investigator" means an individual who:

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

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

  (3) 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

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

(b) Except as provided in subsection (c) of this section, a Montgomery County fire and explosive investigator has the same authority granted to the State Fire Marshal or a full-time investigative and inspection assistant of the Office of the State Fire Marshal under Sec. 2-208 of this subtitle:

  (1) while operating in Montgomery County; and

  (2) while operating outside Montgomery County when:

    (i) the Montgomery County fire and explosive investigator 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;

    (ii) the Montgomery County fire and explosive investigator is rendering assistance to another law enforcement officer;

    (iii) the Montgomery County fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or

    (iv) an emergency exists.

(c) The Montgomery County Fire Chief:

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

  (2) shall express the limitation in a written policy.

#### Section 2-208.2

(a) In this section, "Anne Arundel County or City of Annapolis fire and explosive investigator" means an individual who:

  (1) 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;

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

  (3) 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

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

(b) Except as provided in subsection (c) of this section, an Anne Arundel County or City of Annapolis fire and explosive investigator has the same authority granted to the State Fire Marshal or a full-time investigative and inspection assistant of the Office of the State Fire Marshal under Sec. 2-208 of this subtitle:

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

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

    (i) the Anne Arundel County or City of Annapolis fire and explosive investigator 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;

    (ii) the Anne Arundel County or City of Annapolis fire and explosive investigator is rendering assistance to another law enforcement officer;

    (iii) the Anne Arundel County or City of Annapolis fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or

    (iv) an emergency exists.

(c) The Anne Arundel County or City of Annapolis Fire Chief:

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

  (2) shall express the limitation in a written policy.

#### Section 2-208.3

(a) In this section, "Prince George's County fire and explosive investigator" means an individual who:

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

  (2) has attained the position of deputy fire marshal; and

  (3) 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.

(b) Except as provided in subsection (c) of this section, a Prince George's County fire and explosive investigator has the same authority granted to the State Fire Marshal or a full-time investigative and inspection assistant of the Office of the State Fire Marshal under Sec. 2-208 of this subtitle:

  (1) while operating in Prince George's County; and

  (2) while operating outside Prince George's County when:

    (i) the Prince George's County fire and explosive investigator 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;

    (ii) the Prince George's County fire and explosive investigator is rendering assistance to another law enforcement officer;

    (iii) the Prince George's County fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or

    (iv) an emergency exists.

(c) The Prince George's County  Fire Chief:

  (1) may limit the authority of a Prince George's County fire and explosive investigator under this section; and

  (2) shall express the limitation in a written policy.

#### Section 2-208.4

(a) In this section, "fire and explosive investigator" means an individual who:

  (1) is assigned full-time to the fire and explosive investigations section of the County Fire Marshal's Office; and

  (2)

    (i) has the rank of deputy fire marshal or higher; and

    (ii) 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.

(b) This section applies only to Worcester County.

(c) Except as provided in subsection (d) of this section, a fire and explosive investigator has the same authority granted to the State Fire Marshal or a full-time investigative and inspection assistant of the Office of the State Fire Marshal under Sec. 2-208 of this subtitle:

  (1) while operating in Worcester County; and

  (2) while operating outside Worcester County when:

    (i) the fire and explosive investigator 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;

    (ii) the fire and explosive investigator is rendering assistance to another law enforcement officer;

    (iii) the fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or

    (iv) an emergency exists.

(d) The County Fire Marshal:

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

  (2) shall express the limitation in a written policy.

#### Section 2-208.5

(a) In this section, "fire and explosive investigator" means an individual who:

  (1) 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;

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

  (3) 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

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

(b) Except as provided in subsection (c) of this section, a fire and explosive investigator has the same authority granted to the State Fire Marshal or a full-time investigative and inspection assistant of the Office of the State Fire Marshal under Sec. 2-208 of this subtitle:

  (1) while operating in the City of Hagerstown; and

  (2) while operating outside the City of Hagerstown when:

    (i) the fire and explosive investigator 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;

    (ii) the fire and explosive investigator is rendering assistance to another law enforcement officer;

    (iii) the fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or

    (iv) an emergency exists.

(c) The City of Hagerstown Fire Chief:

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

  (2) shall express the limitation in a written policy.

#### Section 2-208.6

(a) In this section, "fire and explosive investigator" means an individual who:

  (1) is assigned full-time to the Fire Investigations Division of the Howard County Fire Marshal's Office and is a paid employee;

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

  (3) 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

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

(b) Except as provided in subsection (c) of this section, a fire and explosive investigator has the same authority granted to the State Fire Marshal or a full-time investigative and inspection assistant in the Office of the State Fire Marshal under Sec. 2-208 of this subtitle:

  (1) while operating in Howard County; and

  (2) while operating outside Howard County when:

    (i) the fire and explosive investigator 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;

    (ii) the fire and explosive investigator is rendering assistance to another law enforcement officer;

    (iii) the fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or

    (iv) an emergency exists.

(c) The Howard County Fire Chief:

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

  (2) shall express the limitation in a written policy.

#### Section 2-210

(a) If a person employed as a watchman or guard believes that a person is trespassing on posted property that is used for a defense-related activity as defined in Sec. 9-701 of the Criminal Law Article, the employee may detain the person and notify a law enforcement officer.

(b) If a law enforcement officer has probable cause to believe that a person has trespassed on posted property that is used for a defense-related activity as defined in Sec. 9-701 of the Criminal Law Article, the law enforcement officer may arrest the person without a warrant for a violation of Sec. 9-702 or Sec. 9-703 of the Criminal Law Article.

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