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Terms Used In Maryland Code, PUBLIC SAFETY 13A-203

  • Arrest: Taking physical custody of a person by lawful authority.
  • Commanding officer: includes :

    (1) commissioned officers of the state military forces; and

    (2) officers in charge only when administering non-judicial punishment under § 13A-301 of this code. See
  • Enlisted member: means a person in an enlisted grade. See
  • Officer: means a commissioned or warrant officer. See
  • 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
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.

(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.

(c) No person may be ordered into arrest or confinement except for probable cause.

(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.