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Maryland Code, Criminal Procedure § 5-104

Current as of December 31, 2021 | Updated by FindLaw Staff

(a)(1) In this section the following words have the meanings indicated.

(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.

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Cite this article: FindLaw.com - Maryland Code, Criminal Procedure § 5-104 - last updated December 31, 2021 | https://codes.findlaw.com/md/criminal-procedure/md-code-crim-proc-sect-5-104/

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