Maryland § 2-104

Full text of Maryland Maryland Code § 2-104, with citation guidance and answers to common questions.

§ 2-104.

    (a)    In this section, “federal law enforcement officer” means an officer who may:

        (1)    make an arrest with or without a warrant for violations of the United States Code; and

        (2)    carry firearms in the performance of the officer’s duties.

    (b)    (1)    Subject to the limitations of paragraph (2) of this subsection, a federal law enforcement officer may:

            (i)    make arrests as set forth in Subtitle 2 of this title; and

            (ii)    execute arrest and search and seizure warrants issued under the laws of the State.

        (2)    A federal law enforcement officer may exercise the powers granted by this subsection when:

            (i)    the federal law enforcement officer is participating in a joint investigation with officials from a State or local law enforcement unit;

            (ii)    the federal law enforcement officer is rendering assistance to a police officer;

            (iii)    the federal law enforcement officer is acting at the request of a local police officer or State Police officer; or

            (iv)    an emergency exists.

    (c)    (1)    A federal law enforcement officer who acts under the authority granted by this section shall notify the following persons of an investigation, an enforcement action, or a federal immigration enforcement action at a sensitive location, as defined in § 6–111 of the State Government Article:

            (i)    1.    the chief of police, if any, or chief’s designee, when in a municipal corporation;

                2.    the police commissioner or police commissioner’s designee, when in Baltimore City;

                3.    the chief of police or chief’s designee, when in a county with a county police department, except Baltimore City;

                4.    the sheriff or sheriff’s designee, when in a county without a county police department;

                5.    the Secretary of Natural Resources or Secretary’s designee, when on property owned, leased, operated by, or under the control of the Department of Natural Resources; or

                6.    the chief of police of the Maryland Transportation Authority or chief’s designee, when on property owned, leased, operated by, or under the control of the Maryland Transportation Authority, Maryland Aviation Administration, or Maryland Port Administration; and

            (ii)    the Department of State Police barrack commander or commander’s designee, unless there is an agreement otherwise with the Department of State Police.

        (2)    When the federal law enforcement officer participates in a joint investigation with officials from a State or local law enforcement unit, the federal law enforcement officer shall give the notice required under paragraph (1) of this subsection reasonably in advance.

    (d)    A federal law enforcement officer who acts under the authority granted by this section:

        (1)    has the same legal status as a police officer;

        (2)    has the same protections as a police officer under § 2-608 of the Courts Article with regard to charging documents against police officers; and

        (3)    has the same immunity from liability described in § 5-611 of the Courts Article.

    (e)    This section does not impose liability on or require indemnification by the State or a local subdivision for an act performed by a federal law enforcement officer under this section.

Frequently Asked Questions About Maryland § 2-104

What does Maryland Code § 2-104 cover?

Section 2-104 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 2-104?

A common citation format is "Maryland Code § 2-104" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 2-104 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.