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§ 13A-203. Imposition of restraint

West's Annotated Code of MarylandPublic SafetyEffective: October 1, 2020

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 13a. Maryland Code of Military Justice (Refs & Annos)
Subtitle 2. Apprehension and Restraint (Refs & Annos)
Effective: October 1, 2020
MD Code, Public Safety, § 13A-203
§ 13A-203. Imposition of restraint
Currentness
Order into arrest or confinement may be oral or written, delivered in person or through other persons
(a)(1) An enlisted member may be ordered into arrest or confinement by a commissioned officer by an order, oral or written, delivered in person or through other persons subject to this title.
(2) A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of the commanding officer's command or subject to the commanding officer's authority into arrest or confinement.
Only commanding officer may order into arrest or confinement
(b)(1) A commissioned officer, a warrant officer, or a civilian subject to this title or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority the person is subject, by an order, oral or written, delivered in person or by another commissioned officer.
(2) The authority to order such persons into arrest or confinement may not be delegated.
Probable cause
(c) No person may be ordered into arrest or confinement except for probable cause.
Scope of section
(d) This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.

Credits

Added by Acts 2020, c. 592, § 2, eff. Oct. 1, 2020.
MD Code, Public Safety, § 13A-203, MD PUBLIC SAFETY § 13A-203
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.
End of Document