Maryland Code, GENERAL PROVISIONS 4-351
Terms Used In Maryland Code, GENERAL PROVISIONS 4-351
- County: means a county of the State or Baltimore City. See
- including: means includes or including by way of illustration and not by way of limitation. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See - Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) records of investigations conducted by the Attorney General, a State‘s Attorney, a municipal or county attorney, a police department, or a sheriff;
(2) an investigatory file compiled for any other law enforcement, judicial, correctional, or prosecution purpose;
(3) records that contain intelligence information or security procedures of the Attorney General, a State’s Attorney, a municipal or county attorney, a police department, a State or local correctional facility, or a sheriff; or
(4) records, other than a record of a technical infraction, relating to an administrative or criminal investigation of misconduct by a police officer, including an internal affairs investigatory record, a hearing record, and records relating to a disciplinary decision.
(b) A custodian may deny inspection by a person in interest only to the extent that the inspection would:
(1) interfere with a valid and proper law enforcement proceeding;
(2) deprive another person of a right to a fair trial or an impartial adjudication;
(3) constitute an unwarranted invasion of personal privacy;
(4) disclose the identity of a confidential source;
(5) disclose an investigative technique or procedure;
(6) prejudice an investigation; or
(7) endanger the life or physical safety of an individual.
(c) A custodian shall allow inspection of a record described in subsection (a)(4) of this section by:
(1) the United States Attorney;
(2) the Attorney General;
(3) the State Prosecutor; or
(4) the State’s Attorney for the jurisdiction relevant to the record.
(d) Except as provided in subsection (c) of this section, a custodian:
(1) shall redact the portions of a record described in subsection (a)(4) of this section to the extent that the record reflects:
(i) medical information of the person in interest;
(ii) personal contact information of the person in interest or a witness; or
(iii) information relating to the family of the person in interest; and
(2) may redact the portion of a record described in subsection (a)(4) of this section to the extent that the record reflects witness information other than personal contact information.
(e) A custodian shall notify the person in interest of a record described in subsection (a)(4) of this section when the record is inspected, but may not disclose the identity of the requestor to the person in interest.