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Maryland Criminal Lawyer  Criminal Law in Maryland

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KEITH BLAIR BARTNIK, P.A.

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Arrest Criminal Law in Maryland

"Arrest" is the taking, seizing, or detaining of the person of another by any act that indicates an intention to take the person into custody and that subjects him or her to the actual control and will of the person making the arrest. Wilkes v. State, 364 Md. 554, 774 A.2d 420 (2001); Barnhard v. State, 325 Md. 602, 602 A.2d 701 (1992); Little v. State, 300 Md. 485, 479 A.2d 903 (1984); Wiegmann v. State, 118 Md. App. 317, 702 A.2d 928 (1997).it is important to know the moment of arrest. As statements made prior to arrest are not subject the Miranda requirements.

 

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 PROBABLE CAUSE
Probable cause is an objective standard. The established definition of "probable cause," is the same meaning it had under common law. The substance of probable cause is a reasonable ground for a belief of guilt, and probable cause exists where the facts and circumstances within the officer's knowledge and of which he or she has reasonably trustworthy information are sufficient, in themselves, to warrant a person of reasonable caution in the belief that an offense has been or is being committed.

Since probable cause, as the term implies, is a concept based on probability, the probability of criminal activity, not a prima facie showing of it, is the standard applied.

The definition of probable cause remains constant, applying alike to arrests with or without warrants. The statute concerning circumstances under which a police officer may arrest without a warrant

MD Code, Criminal Procedure, § 2-202 Warrant Less Arrest

(a) A police officer may arrest without a warrant a person who commits or attempts to commit a felony or misdemeanor in the presence or within the view of the police officer.

(b) A police officer who has probable cause to believe that a felony or misdemeanor is being committed in the presence or within the view of the police officer may arrest without a warrant any person whom the police officer reasonably believes to have committed the crime.

(c) A police officer without a warrant may arrest a person if the police officer has probable cause to believe that a felony has been committed or attempted and the person has committed or attempted to commit the felony whether or not in the presence or within the view of the police officer.
Anne Arundel County: 7310 Ritchie Highway, Ste 910 Glen Burnie, Maryland 21061 (410) 760-7339

Baltimore City Office Meeting Location: 111 South Calvert Street, Ste 2700, Baltimore, Maryland 21202 (410) 685-7339

Baltimore County: 10451 Mill Run Circle, Ste 400, Owings Mills, Maryland 21136 (410) 363-7339

Howard County Office Meeting Location: 10480 Little Patuxent Parkway, Ste 400, Columbia, Maryland 21044 (410) 740-7339

Prince George County: 6301 Ivy Lane Suite 700, Greenbelt, Maryland 20770 (301) 474-7339

Montgomery County: 6701 Democracy Blvd.
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Bethesda, Maryland 20817

Montgomery County: 3 Bethesda Metro Center
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Bethesda, Maryland 20814

 
 

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DISCLAIMER: Keith Blair Bartnik, P.A.. has created this website to be informative, but you should remember the contents are general in nature and not meant to substitute the specific legal advice given by an attorney based on your individual questions and needs. We have made every effort to provide up to date information and links, however we make no guarantees. Viewing this website and communicating with us by electronic mail or making a general inquiry does not create an attorney client relationship. You should be aware that contacting our law firm through the internet is not considered secure and therefore you should not send confidential or sensitive information that may be illegally intercepted by others. 

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This site was last updated 01/15/08