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§ 3-105. Application for show cause order

West's Annotated Code of MarylandPublic SafetyEffective: October 1, 2014

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 3. Law Enforcement (Refs & Annos)
Subtitle 1. Law Enforcement Officers' Bill of Rights (Refs & Annos)
Effective: October 1, 2014
MD Code, Public Safety, § 3-105
Formerly cited as MD CODE Art. 27, § 734
§ 3-105. Application for show cause order
In general
(a) A law enforcement officer who is denied a right granted by this subtitle may apply to the circuit court of the county where the law enforcement officer is regularly employed for an order that directs the law enforcement agency to show cause why the right should not be granted.
Conditions
(b) The law enforcement officer may apply for the show cause order:
(1) either individually or through the law enforcement officer's certified or recognized employee organization; and
(2) at any time prior to the beginning of a hearing by the hearing board.
Appropriate relief
(c) On a finding that a law enforcement agency obtained evidence against a law enforcement officer in violation of a right granted by this subtitle, the court shall grant appropriate relief.

Credits

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2014, c. 165, § 1, eff. Oct. 1, 2014.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2003, c. 5):
This section is new language derived without substantive change from former Art. 27, § 734.
In subsection (a) of this section, the references to a right “granted” by this subtitle are substituted for the former references to a right “afforded” for consistency with language used throughout this subtitle.
Defined terms: “County” § 1-101
“Hearing” § 3-101
“Hearing board” § 3-101
“Law enforcement officer” § 3-101
HISTORICAL AND STATUTORY NOTES
Derivation:
Former Art. 27, § 734, related to applications for show cause order, repealed by Acts 2003, c. 5, § 1, eff. Oct. 1, 2003.
MD Code, Public Safety, § 3-105, MD PUBLIC SAFETY § 3-105
Current through all legislation from the 2019 Regular Session of the General Assembly.
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