§ 3-201
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/md/public-safety/3-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§3–201.
(a)In this subtitle the following words have the meanings indicated.
(b)“Commission” means the Maryland Police Training and Standards Commission.
(c)“Department” means the Department of Public Safety and Correctional Services.
(1)“Law enforcement agency” means a governmental police force, sheriff’s office, or security force or law enforcement organization of the State, a county, or a municipal corporation that by statute, ordinance, or common law is authorized to enforce the general criminal laws of the State.
(2)“Law enforcement agency” does not include members of the Maryland National Guard who:
(i)are under the control and jurisdiction of the Military Department;
(ii)are assigned to the military property designated as the Martin State Airport; and
(iii)are charged with exercising police powers in and for the Martin State Airport.
(e)“Motorcycle profiling” means the arbitrary use of the fact that an individual rides a motorcycle or wears motorcycle–related clothing or paraphernalia as a factor in deciding to stop, question, take enforcement action, arrest, or search the individual or vehicle.
(1)“Police officer” means an individual who:
(i)is authorized to enforce the general criminal laws of the State; and
(ii)is a member of one of the following law enforcement agencies:
1. the Department of State Police;
2. the Police Department of Baltimore City;
3. the police department, bureau, or force of a county;
4. the police department, bureau, or force of a municipal corporation;
5. the Maryland Transit Administration police force;
6. the Maryland Transportation Authority Police;
7. the police forces of the University System of Maryland;
8. the police force of Morgan State University;
9. the office of the sheriff of a county;
10. the police forces of the Department of Natural Resources;
11. the police force of the Maryland Capitol Police of the Department of General Services;
12. the police force of a State, county, or municipal corporation if the special police officers are appointed under Subtitle 3 of this title;
13. the Housing Authority of Baltimore City Police Force;
14. the Baltimore City School Police Force;
15. the Crofton Police Department;
16. the Washington Suburban Sanitary Commission Police Force;
17. the Ocean Pines Police Department;
18. the police force of the Baltimore City Community College;
19. the police force of the Hagerstown Community College;
20. the Warrant Apprehension Unit of the Intelligence and Investigative Division in the Department;
21. the police force of the Anne Arundel Community College; or
22. the police department of the Johns Hopkins University established in accordance with Title 24, Subtitle 12 of the Education Article.
(2)“Police officer” includes:
(i)a member of the Field Enforcement Bureau of the Comptroller’s Office;
(ii)a member of the Field Enforcement Division of the Alcohol, Tobacco, and Cannabis Commission;
(iii)the State Fire Marshal or a deputy State fire marshal;
(iv)an investigator of the Intelligence and Investigative Division of the Department;
(v)a Montgomery County fire and explosive investigator as defined in § 2–208.1 of the Criminal Procedure Article;
(vi)an Anne Arundel County or City of Annapolis fire and explosive investigator as defined in § 2–208.2 of the Criminal Procedure Article;
(vii)a Prince George’s County fire and explosive investigator as defined in § 2–208.3 of the Criminal Procedure Article;
(viii)a Worcester County fire and explosive investigator as defined in § 2–208.4 of the Criminal Procedure Article;
(ix)a City of Hagerstown fire and explosive investigator as defined in § 2–208.5 of the Criminal Procedure Article; and
(x)a Howard County fire and explosive investigator as defined in § 2–208.6 of the Criminal Procedure Article.
(3)“Police officer” does not include:
(i)an individual who serves as a police officer only because the individual occupies another office or position;
(ii)a sheriff, the Secretary of State Police, a commissioner of police, a deputy or assistant commissioner of police, a chief of police, a deputy or assistant chief of police, or another individual with an equivalent title who is appointed or employed by a government to exercise equivalent supervisory authority; or
(iii)a member of the Maryland National Guard who:
1. is under the control and jurisdiction of the Military Department;
2. is assigned to the military property designated as the Martin State Airport; and
3. is charged with exercising police powers in and for the Martin State Airport.
(g)“SWAT team” means an agency–designated unit of law enforcement officers who are selected, trained, and equipped to work as a coordinated team to resolve critical incidents that are so hazardous, complex, or unusual that they may exceed the capabilities of first responders or investigative units.