Maryland Code, CRIMINAL PROCEDURE 5-104
Terms Used In Maryland Code, CRIMINAL PROCEDURE 5-104
- Arrest: Taking physical custody of a person by lawful authority.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
(2) “Civil immigration violation” means a violation of federal civil immigration law.
(3) “Family member” means a relative by blood, adoption, or marriage.
(4) “Household member” means a person who lives with another or is a regular presence in the home of another.
(5) (i) “Law enforcement agent” means an individual who is certified by the Maryland Police Training and Standards Commission under § 3-209 of the Public Safety Article.
(ii) “Law enforcement agent” does not include an agent or employee of a State correctional facility or a local correctional facility.
(6) “Local correctional facility” has the meaning stated in § 1-101 of the Correctional Services Article.
(7) “State correctional facility” has the meaning stated in § 1-101 of the Correctional Services Article.
(b) (1) In this subsection, “arrest” does not include a routine booking procedure.
(2) Except as provided in paragraphs (3) and (4) of this subsection, a law enforcement agent may not, during the performance of regular police functions:
(i) inquire about an individual’s citizenship, immigration status, or place of birth during a stop, a search, or an arrest;
(ii) detain, or prolong the detention of, an individual:
1. for the purpose of investigating the individual’s citizenship or immigration status; or
2. based on the suspicion that the individual has committed a civil immigration violation;
(iii) transfer an individual to federal immigration authorities unless required by federal law; or
(iv) coerce, intimidate, or threaten any individual based on the actual or perceived citizenship or immigration status of the individual or:
1. the individual’s family member;
2. the individual’s household member;
3. the individual’s legal guardian; or
4. another individual for whom the individual is a legal guardian.
(3) Nothing in this subsection shall prevent a law enforcement agent from inquiring about any information that is material to a criminal investigation.
(4) If the citizenship or immigration status of an individual is relevant to a protection accorded to the individual under State or federal law, or subject to a requirement imposed by international treaty, a law enforcement agent may:
(i) notify the individual of the protection or requirement; and
(ii) provide the individual an opportunity to voluntarily disclose the individual’s citizenship or immigration status for the purpose of receiving the protection or complying with the requirement.