Power to arrest without warrant with probable cause
(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 § 2-201(4) of the Criminal Law Article;
(ii) setting fire to a dwelling or occupied structure under § 6-102 of the Criminal Law Article;
(iii) setting fire to a structure under § 6-103 of the Criminal Law Article;
(iv) a crime that relates to destructive devices under § 4-503 of the Criminal Law Article; and
(v) making a false statement or rumor as to a destructive device under § 9-504 of the Criminal Law Article.
Grounds for arrest without warrant
(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 § 9-505 of the Criminal Law Article;
(ii) malicious burning in the first or second degree under § 6-104 or § 6-105 of the Criminal Law Article;
(iii) burning the contents of a trash container under § 6-108 of the Criminal Law Article;
(iv) making a false alarm of fire under § 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 § 10-304 or § 10-305 of the Criminal Law Article;
(vi) a crime that relates to interference, obstruction, or false representation of fire and safety personnel under § 6-602 or § 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.
Actions under authority granted to police officers
(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 § 2-102 of this title to police officers as provided under paragraph (2) of this subsection.
(2) When acting under the authority granted by § 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 §§ 2-202, 2-203, and 2-204 of this subtitle.
Notification duties
(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.
Immunity from liability
(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.
Right of arrest or right to receive citation for vehicle or criminal violations
(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.
Credits
Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2004, c. 377, § 1, eff. Oct. 1, 2004; Acts 2005, c 25, § 12, eff. April 12, 2005; Acts 2005, c. 463, § 1, eff. Oct. 1, 2005; Acts 2007, c. 410, § 2, eff. Oct. 1, 2007, Acts 2007, c. 619, § 1, eff. Oct. 1, 2007; Acts 2008, c. 428, § 1, eff. July 1, 2008; Acts 2008, c. 429, § 1, eff. July 1, 2008; Acts 2017, c. 309, § 1, eff. Oct. 1, 2017.
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.
