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Maryland Code, Public Safety § 13-702

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

(a) This section applies to the Maryland Defense Force and the National Guard.

(b) The Governor may order the militia into State active duty:

(1) in times of or on reasonable apprehension of imminent public crisis, disaster, rioting, catastrophe, insurrection, invasion, tumult, or breach of peace;

(2) when martial law is declared;

(3) to enforce the laws; or

(4) to carry on any function of the militia of the State.

(c)(1) To enforce the laws, a member of the militia in State active duty has all the authority of a peace or law enforcement officer.

(2) The authority of the member extends throughout the State during the State active duty.

(d) Whenever the militia is in State active duty, the ranking officer of the militia ordered into State active duty or that officer's subordinates on State active duty shall:

(1) cooperate with local law enforcement authorities; or

(2) if the exigencies of the case require and subject only to order from the Governor:

(i) direct and control local law enforcement authorities and the Department of State Police; and

(ii) assume all the powers vested in these subordinated law enforcement authorities.

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Cite this article: FindLaw.com - Maryland Code, Public Safety § 13-702 - last updated December 31, 2021 | https://codes.findlaw.com/md/public-safety/md-code-public-safety-sect-13-702/

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