Maryland Powers of Arrest (Felony vs. Misdemeanor)

In Maryland there are three levels of crimes:

1. Felony
2. Misdemeanor
3. Infraction

Definitions

Probable Cause: Facts and circumstances, when articulated, would leave a reasonable person to believe that the suspect is guilty of the offense. 

Presence: The range of a police officer's five senses (hearing, sight, smell, taste, or touch). 

Warrantless Arrests

A police officer in Maryland may arrest a suspect without an arrest warrant in any of the following three circumstances:

1. Any crime committed/attempted in the presence/view of the police officer; or
2. Probable cause to believe a crime was committed in presence/view of the police officer; or 
3. Probable cause to believe a felony was committed/attempted. 

Warrantless arrests and powers of arrest go hand in hand. 

Powers of Arrest

A police officer in Maryland may arrest a suspect who has committed a:

A. Felony

• With probable cause and an arrest warrant; or
• With probable cause and the crime occurs in the presence of the officer; or
• With probable cause and the crime does not occur in the officer's presence. 

B. Misdemeanor

• With probable cause and an arrest warrant; or
• With probable cause and the crime occurs in the presence of the officer; or
• With probable cause to make the arrest, the crime does not occur in the officer's presence, and the crime is one of 12 specified excepted misdemeanor crimes. 

In essence, if a police officer has probable cause within a valid arrest warrant the officer may make the arrest no matter if the crime is a felony or misdemeanor. And if any crime occurs in the officer's presence and the officer has probable cause, an arrest can be made. Furthermore if a felony crime occurs outside of the police officer's presence the officer may make the arrest but if a misdemeanor crime occurs outside of the police officer's presence the officer may only make the arrest if the officer knows the crime is one of 12 specified excepted misdemeanors. 

These powers of arrest limit a Maryland police officer's ability to arrest for certain misdemeanor crimes without an arrest warrant. After all, the 4th amendment of the U.S. Constitution protects American citizens from unlawful searches and seizures. It would be unreasonable for a police officer to be able to make a warrantless arrest for a simple misdemeanor crime that did not occur in the officer's presence, such as 2nd Degree Assault (non-domestic), Disorderly Conduct or my favorite, Sale of a Fox or Skunk as a Pet [CR 10-621(b)].

Imagine an officer knew that someone had acted in a disorderly manner a few hours ago at the bar or that someone recently sold his pet skunk to his room mate. It would be unreasonable to arrest for these crimes.

Specified Excepted Misdemeanor Crimes
There are 12 specified crimes in Maryland in which a police officer, without a warrant, may make an arrest if the crime does not occur in the officer's presence.

The Excepted Misdemeanors

1. Manslaughter by vehicle or vessel (felony);
2. Malicious burning (felony/misdemeanor);
3. Malicious destruction of property;
4. Theft (felony/misdemeanor);
5. False fire alarm;
6. Indecent exposure;
7. Drug violation;
8. Handgun violation;
9. Weapon violation;
10. Prostitution;
11. Domestic violence; and
12. Stalking. 

So if Officer Brown has probable cause that a misdemeanor theft occurred outside his presence, Officer Brown may locate the suspect and make the excepted misdemeanor arrest. Or if Officer Smith has probable cause that a domestic violence incident occurred 24 hours prior, Officer Smith may make an arrest for domestic violence.

Additional Criteria
Before the officer may make the arrest for one of the 12 excepted misdemeanor crimes, however, the officer must meet the following additional criteria.

Unless that person is arrested immediately, either:

• The suspect may not be apprehended; or
• The suspect may cause physical injury; or
• The suspect may cause property damage; or
• The suspect may tamper with/dispose of/destroy evidence.

Source: LexisNexis Maryland Criminal Law, 2011-2012