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§ 2-208.1. Authority of Montgomery County fire and explosive investigator

West's Annotated Code of MarylandCriminal ProcedureEffective: October 1, 2018

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)
Effective: October 1, 2018
MD Code, Criminal Procedure, § 2-208.1
§ 2-208.1. Authority of Montgomery County fire and explosive investigator
Montgomery County fire and explosive investigator defined
(a) In this section, “Montgomery County fire and explosive investigator” means an individual who:
(1) is assigned full time to the Fire and Explosive Investigations Unit of the Montgomery County Fire and Rescue Service and is a paid employee;
(2) has been employed by the Montgomery County Fire and Rescue Service as a firefighter/rescuer for at least 5 years;
(3) has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article; and
(4) at all times maintains active certification by the Maryland Police Training and Standards Commission.
Authority of fire and explosive investigator
(b) Except as provided in subsection (c) of this section, a Montgomery County fire and explosive investigator has the same authority granted to the State Fire Marshal or a full-time investigative and inspection assistant of the Office of the State Fire Marshal under § 2-208 of this subtitle:
(1) while operating in Montgomery County; and
(2) while operating outside Montgomery County when:
(i) the Montgomery County fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction;
(ii) the Montgomery County fire and explosive investigator is rendering assistance to another law enforcement officer;
(iii) the Montgomery County fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or
(iv) an emergency exists.
Powers of Montgomery County Fire Chief
(c) The Montgomery County Fire Chief:
(1) may limit the authority of a Montgomery County fire and explosive investigator under this section; and
(2) shall express the limitation in a written policy.

Credits

Added by Acts 2004, c. 377, § 1, eff. Oct. 1, 2004. Amended by Acts 2008, c. 296, § 1, eff. Oct. 1, 2008; Acts 2016, c. 8, § 5; Acts 2018, c. 747, § 1, eff. Oct. 1, 2018.
MD Code, Criminal Procedure, § 2-208.1, MD CRIM PROC § 2-208.1
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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