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§ 2-412. Powers of police employees

West's Annotated Code of MarylandPublic SafetyEffective: March 13, 2021

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 2. Department of State Police (Refs & Annos)
Subtitle 4. Police Employees and Civilian Employees (Refs & Annos)
Effective: March 13, 2021
MD Code, Public Safety, § 2-412
Formerly cited as MD CODE Art. 88B, § 4
§ 2-412. Powers of police employees
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Emergency” means a sudden or unexpected happening or an unforeseen combination of circumstances that calls for immediate action to protect health, safety, welfare, or property from actual or threatened harm or from an unlawful act.
(3) “Municipal corporation” includes Baltimore City.
Police powers
(b)(1) Police employees have throughout the State the same powers, privileges, immunities, and defenses as sheriffs, constables, police officers, and other peace officers possessed at common law and may now or in the future exercise within their respective jurisdictions.
(2) A police employee may execute an arrest warrant in any part of the State without further endorsement.
Authority to act within municipal corporations
(c) Police employees may not act within the limits of a municipal corporation that maintains a police force except:
(1) when in pursuit of a criminal or suspect;
(2) when in search of a criminal or suspect wanted for a crime committed outside of the limits of the municipal corporation or when interviewing or seeking to interview a witness or supposed witness to the crime;
(3) when a crime is committed in the presence of the police employee, and the arrested party must be immediately transferred to the custody of the local law enforcement agency;
(4) when requested to act by the chief executive officer or chief police officer of the municipal corporation;
(5) when ordered by the Governor to act within the municipal corporation;
(6) when enforcing the motor vehicle laws of the State, except in Baltimore City;
(7) in Baltimore City, only when enforcing Title 23 of the Transportation Article or if acting in accordance with a memorandum of understanding described in § 4-1501 of this article;
(8) in any building or place when ordered by either the President of the Senate or the Speaker of the House of Delegates to guard the safety of legislators or the integrity of the legislative process;
(9) to protect the safety of an elected State official;
(10) in the municipal corporations of Somerset County;
(11) when conducting investigations relating to or otherwise enforcing §§ 3-324, 3-804, 3-805, 3-902, 3-1102, 3-1103, 7-302, 11-207, 11-208, 11-303, 11-304, 11-305, 11-306, and 11-307 of the Criminal Law Article;
(12)(i) 1. when participating in a joint investigation with officials from another State, federal, or local law enforcement agency at least one of which has local jurisdiction;
2. when rendering assistance to a police officer;
3. when acting at the request of a local police officer; or
4. when an emergency exists; and
(ii) when acting in accordance with regulations adopted by the Secretary to implement this item; or
(13) when conducting an investigation under § 9-602.1 of the Correctional Services Article.
Detached service for federal government
(d) A police employee may not be placed on detached service and act for a federal department, agency, or committee outside of the State without the written approval of the Governor or as otherwise provided by law.

Credits

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2005, c. 479, § 1, eff. Oct. 1, 2005; Acts 2016, c. 610, § 1, eff. Oct. 1, 2016; Acts 2019, c. 21, § 2, eff. Oct. 1, 2019; Acts 2019, c. 22, § 2, eff. Oct. 1, 2019; Acts 2021, c. 20, § 1, eff. March 13, 2021.
MD Code, Public Safety, § 2-412, MD PUBLIC SAFETY § 2-412
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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