# Criminal Procedure (GCP)

## Title 2. Law Enforcement Procedures; Arrest Process

### Subtitle 3. Fresh Pursuit

#### Section 2-301

(a) This section applies to a law enforcement officer of a jurisdiction in the State who engages in fresh pursuit of a person in the State.

(b)

  (1) Fresh pursuit is pursuit that is continuous and without unreasonable delay.

  (2) Fresh pursuit need not be instant pursuit.

  (3) 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.

(c) A law enforcement officer may engage in fresh pursuit of a person who:

  (1) 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

  (2) 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.

(d) A law enforcement officer who is engaged in fresh pursuit of a person may:

  (1) arrest the person anywhere in the State and hold the person in custody; and

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

#### Section 2-304

(a) In Part II of this subtitle the following words have the meanings indicated.

(b) "Fresh pursuit" includes:

  (1) fresh pursuit as defined by the common law; and

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

    (i) has committed or is reasonably suspected of having committed a felony; or

    (ii) is suspected of having committed a felony, although a felony has not been committed, if there is reasonable ground for believing that a felony has been committed.

(c) "State" means a state of the United States or the District of Columbia.

#### Section 2-305

(a) A member of a state, county, or municipal law enforcement unit of another state who enters this State in fresh pursuit and continues within this State in fresh pursuit of a person to arrest the person on the ground that the person is believed to have committed a felony in the other state has the same authority to arrest and hold the person in custody as has a member of a duly organized State, county, or municipal corporation law enforcement unit of this State to arrest and hold a person in custody on the ground that the person is believed to have committed a felony in this State.

(b) This section does not make unlawful an arrest in this State that would otherwise be lawful.

#### Section 2-306

(a) If an officer of another state makes an arrest in this State in accordance with Sec. 2-305(a) of this subtitle, the officer shall, without unnecessary delay, take the person arrested before a judge of the circuit court of the county in which the arrest was made for a hearing to determine the lawfulness of the arrest.

(b) If the judge determines that the arrest was unlawful, the judge shall discharge the arrested person.

#### Section 2-307

After this Part II of this subtitle is passed and approved by the Governor, the Secretary of State shall certify a copy of this subtitle to the executive department of each state.

#### Section 2-308

If any provision of Part II of this subtitle is for any reason declared void, the rest of Part II of this subtitle will still be valid.

#### Section 2-309

Part II of this subtitle is the Maryland Uniform Act on Fresh Pursuit.

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