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Terms Used In Maryland Code, PUBLIC SAFETY 13A-602

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Military judge: means an official of a general or special court-martial detailed in accordance with § 13A-505 of this title. See
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(a) Proceedings may be conducted to review, or otherwise act on, the following matters before referral of charges and specifications to court-martial in accordance with regulations prescribed by § 13A-701 of this title:

(1) pre-referral investigative subpoenas;

(2) pre-referral warrants or orders for electronic communications;

(3) pre-referral matters referred by an appellate court;

(4) pre-referral matters under § 13A-603(c) or (d) of this subtitle; or

(5) arrest warrants when probable cause exists to believe a military member committed a crime as described under the punitive provisions.

(b) The regulations prescribed under subsection (a) of this section shall:

(1) include procedures for the review of such rulings that may be ordered under this section as the adjutant general considers appropriate; and

(2) provide such limitations on the relief that may be ordered under this section as the Adjutant General considers appropriate.

(c) If a matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military judge detailed to the court-martial.