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§ 2-206. Public or state of emergencies

West's Annotated Code of MarylandCriminal Procedure

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 2. Law Enforcement Procedures; Arrest Process (Refs & Annos)
Subtitle 2. Warrantless Arrests (Refs & Annos)
MD Code, Criminal Procedure, § 2-206
§ 2-206. Public or state of emergencies
Public emergency defined in Public Safety Article
(a) This section applies during a public emergency, as defined in § 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.
Authority to make warrantless arrest during state of emergency
(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 § 14-303 of the Public Safety Article, as:
(i) a member of a law enforcement unit that is listed in § 2-101(c) of this title; or
(ii) a member of the militia called into action by the Governor, as provided in § 14-306 of the Public Safety Article;
(2) is serving as a member of the militia ordered into active service by the Governor under § 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.
Powers or duties of United States armed forces
(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.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2001, c. 206, § 1, eff. Oct. 1, 2001; Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2014, c. 45, § 5.
Formerly Art. 27, § 594C.
MD Code, Criminal Procedure, § 2-206, MD CRIM PROC § 2-206
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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