Initiation of Non-Adversarial Initial Appearance Process

• Jurisdiction: Maryland

I. Initiation of non-adversarial initial appearance process

A. Arrest

1. Warrantless arrest under common law and Maryland law

In Maryland, an arrested Defendant is taken for an initial appearance before a court commissioner, who is not a judge, but who is a judicial officer of the District Court.

Under the Fourth Amendment, both felony and misdemeanor arrests are permitted in public with or without a warrant. At common law, felony arrests were permitted in public with or without a warrant, but misdemeanor arrests were not permitted in public unless committed in police presence. United States v. Watson, 423 U.S. 411, 418 (1976). Maryland generally follows the common law. Md. Code Ann., Crim. Proc. § 2-202(a) and (b); State v. Evans, 352 Md. 496, 511 (1999), overruled on other grounds, Belote v. State, 411 Md. 104, 121 n.7 (2009). However, by statute, Maryland provides exceptions to the requirement that misdemeanors be committed in police presence.

In Maryland, police are permitted to arrest for the following misdemeanors, even when not committed in police presence: vehicular manslaughter, malicious burning, theft, drug possession, and concealed...