Arrests in Maryland

• Jurisdiction: Maryland

III. Arrests in Maryland

A. Arrests with an arrest warrant

Police may arrest with an arrest warrant. Bloombaum v. State, 237 Md. 663, 663 (1965). Crim. Proc. § 2-103(b)(1), provides: "A police officer may arrest a person throughout the State without limitations as to jurisdiction if . . . a warrant has been issued for the person."

B. Warrantless arrests

1. Felony based on probable cause

Police may arrest, without a warrant, if the arresting officer has probable cause to believe that the arrestee is committing a felony, is attempting to commit or felony, or committed a felony in the past, whether or not in the arresting officer's presence or view. Crim. Proc. § 2-202(a)—(c); see Maryland v. Pringle, 540 U.S. 366, 369-70 (2003); Simms v. State, 4 Md. App. 160, 166-67 (1968); Collins v. State, 322 Md. 675, 678-679 (1991); Jones v. State, 111 Md. App. 456, 464-65 (1996) (in officer's presence); Belote v. State, 411 Md. 104, 112-13, 119 (2009) (not in officer's presence).

2. Misdemeanors committed in the arresting officer's presence

Police may arrest, without a warrant, if the arresting officer has probable cause to believe that the arrestee is committing a misdemeanor or attempting to commit a misdemeanor in the arresting officer's presence or view. Crim. Proc. § 2-202(a)-(b); Crowe v. State, 240 Md. 144, 151 (1965); Speaks v. State, 3 Md. App. 371, 375-76 (1968).

3. Statutory exceptions to the requirement that police may arrest for misdemeanors only if committed in the officer's presence

To make a warrantless arrest for a misdemeanor, it must normally be committed or attempted in a police officer's presence or view. There are certain misdemeanors for which police are statutorily authorized, if certain conditions are met, to make a warrantless arrest, even though the misdemeanor was not committed in the officer's presence or view. Torres v. State, 147 Md. App. 83, 87-88 (2002).

4. Certain...