EXTRA JURISDICTIONAL AUTHORITY EPD 433.0
TITLEEXTRA JURISDICTIONAL AUTHORITY
/ PROCEDURE NUMBEREPD433.0
SECTIONOPERATIONAL PROCEDURES / NUMBER OF PAGES
5 / EFFECTIVE DATE
10/22/2014 / REVIEW DATE
NEW AMENDS RESCINDS
DATE:
/ CALEA STANDARDS2
/ AUTHORIDTYChief Stephen Walker
I. PURPOSE
This general order establishes the legally mandated authority of police officers to make arrests within the State of Maryland.
II. POLICY
Pursuant to §2-102 of the Criminal Procedure Article, Annotated Code of Maryland, which grants limited statewide jurisdiction to state, local and federal law enforcement officers, the following procedure is adopted, allowing Department police officers to exercise the authority granted by the statute.
III. GRANT OF AUTHORITY
Officers of this Department may make arrests, conduct investigations, and other wise enforce the laws of the State throughout the State without limitations as to jurisdiction as follows:
A. A police officer may exercise the powers granted by this section when:
1. The police officer is participating in a joint investigation with other officials from another State, federal or local enforcement
Unit, at least one of which has local jurisdiction;
2. The officer is rendering assistance to another police officer;
3. The officer is acting at the request of a police officer or a State Police officer; or
4. An emergency existsand the police officer is acting in accordance with the regulations adopted by the police officer’s employing unit to carry out this action. Anemergency is defined as a sudden or unexpected happening or an unforeseen combination of circumstances that calls for immediate action to protect life, health, safety, welfare or property of an individual from actual or threatened harm, or from an unlawful act;.
IV. REQUIRED NOTIFICATION
A. A police officer who acts under this authority shall notify the following persons of an investigation or enforcement action:
1. The Chief of Police, if any, or chief’s designee, when in a municipal corporation;
2. The Chief of Police or a designee, when in a county with a county police department, except Baltimore city;
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EXTRA JURISDICTIONAL AUTHORITY EPD 433.0
3. The sheriff, or sheriff’s designee, when in a county without a county police department;
4. The Secretary of Natural Resources or Secretary’s designee, when propertyis owned leased operated by or under the control of the Department of Natural Resources;
5. The respective chief 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 Authority;
6. The Department of State Police barrack commander or commander’s designee, unless there is an agreement otherwise with the Department of the State Police;
7. The Police Commissioner or designee, when in Baltimore City;
8. The Chief of Police of the Maryland-National Capital Park and Planning Commission for Prince George’s County, when on property owned, leased or operated by or under control of the Maryland-National Capital Park and Planning Commission;
9. The Chief of Police of the Department of General Services or designee, whenon property owned, leased or operated by or under the control of the Department of General Services.
V. PROHIBITIONS
A. Officers acting pursuant to this grant may not enforce the provisions of the Maryland Motor Vehicle Law beyond the boundaries of the Town.
B. Officers will not serve arrest warrants outside the Townunless:
1. The officer is participating in a joint operation created by an agreement between the primary law enforcement officers;
2.The arrest occurs within one of the participating jurisdictions in accordance with the agreement; and
3.Theofficer is acting in accordance with Town regulations adopted to carry out this section.
C. Officers will not use authority granted by this procedure to facilitate or solicit secondary employment activities that would require or place the officer in a position to make arrests for a prospective employer.
D. Officers may not use a personal vehicle or unauthorized equipment.
E. Officers may not use this authority while working within the scope of a security type secondary employment (outside the Town), except if acting at the request of, or rendering assistance to, another officer.
VI. REQUIREMENTS
A. Officers acting pursuant to this General Order must act according to law.
B. Officers must act in a professional manner so as not to bring discredit upon themselves or the Department.
C. Officers must abide by the rules and regulations of this Department.
VII. PROCEDURE
A. General Guidelines: Officers acting under this authority:
1. Must be serving in full duty capacity, without restrictions or limitations. Officers assigned to light duty, disability leave or with suspended police powers, are prohibited from exercising police authority, except in the gravest of circumstances,
2. Are, at all time and for all purposes, employees of this Department. As such, there is a duty on this Department to receive and investigate allegations of misconduct on the part of any officer acting pursuant to this General Order,
3. Must be properly equipped and in possession of the Department badge, identification card and authorized weapon
whenever exercising authority granted by this General Order,
4.Are at all times responsible for the performance of their assigned duties.
B. When an officer exercises the authority granted by this procedure, the following is required:
1. First, consideration must be given to notifying on-duty officers in order to have them take necessary enforcement action,
2. Officers must assess the situation and determine the possible consequences of their actions, to include:
* injury to themselves,
* injury to the suspect(s),
* injury to a third party, and
* sufficient probable cause for
arrest.
3. Identify themselves to the suspect as a police officer by displaying their badge and/or identification card. Announce their intent to arrest. Identify themselvesto citizens in the immediate area and to responding police officers,
4. Arrest the individualin a lawful manner by securing the suspect in a safe, efficient way that ensures the arrestee’s safety and security,
5. Seize and protect any evidence,
6. Notify, or cause the notification of, the local law enforcement agency having primary jurisdiction wherein the arrest has occurred. Request assistance in securing and transporting the arrestee,
7. Except in extreme circumstances, not attempt to transport the arrestee. Officers must wait for assistance from the local jurisdiction, if possible. Officers will transport without assistance only as far as necessary to obtain assistance,
8. Obey lawfuldirection from on scene local police officials exercising supervisory control over the incident,
9. As soon as possible, notify, or cause notification to be made to, this Department,
10. Prepare charging/court required documents.
11. Cooperate with the local jurisdiction in preparing all of the necessary reports, and
12. Obtain copies of all associated reports and other pertinent documentation, and submit the copies to this Department. Attach an Incident Report titled “EXTRA JURISDICTIONAL ARREST”. Complete all other required reports.
C. Notification Requirements: All notifications required by law, as enumerated in Section IV of this General Order, will be made. In addition, the arresting officer will, as soon as possible, notify this Department’s on-duty shift supervisor.
D. Joint investigations:
1. The statute requires that when joint investigations are initiated in another jurisdiction, the designated person of that jurisdiction will be notified a reasonable time in advance.
2. Where advance notice would endanger the life and safety of officers, or seriously compromise the effectiveness of the investigation, a reasonable time in advance may be abbreviated. In such cases, the delay in notification must be approved by this Department’s Chief or designee.
Notice should then be made at the first reasonable opportunity, as determined by the Chief or designee.
3. Notice must be given to each jurisdiction wherein an investigation may occur. In the event that an investigation occurs unexpectedly, notice must be given to the affected jurisdiction at the first reasonable opportunity.
E. Specific Situations:
1. Before participating in a joint investigation with another agency, officers must obtain permission from the Chief or designee.
2. The investigative team will include an officer from the affected jurisdiction.
3. Officers assigned to joint investigations must observe the regulations of this Department.
4. If practical, the officer from the affected jurisdiction will take the enforcement actions required.
5. Officers will notify their immediate supervisor when the investigation is terminated. Officers will submit a final report.
6. An officer called to testify regarding a joint investigation will follow the procedures of this Department.
VIII. RESPONSIBILITIES OF
RESPONDING OFFICERS
A. Generally, an officer who takes action outside their sworn jurisdictionhas the same responsibilities as if they were in their own jurisdiction. If an officer from another jurisdiction/agency makes an arrest in the Town, the responding officer will follow usual arrest procedures, including:
1. Respond promptly to the scene and assume control of the situation,
2. Render assistance to injured parties,
3. Secure the scene,
4. Act to preserve evidence,
5. Take physical control of the prisoner(s),
6. Follow the guidelines contained in General Order 400.0 Use of Force. Officers will only use force that is necessary to effect
the arrest or to accomplish a lawful objective.
7. Arrange for transport, medical attention and processing of the prisoner(s),
8. Direct the arresting officer to accompany the responding officer to the processing location,
9. Obtain all information necessary for completing reports. Submit reports in the usual course,
10. Instruct the arresting officer to complete a detailed report on a Supplement report to be attached to the responding officer’s Incident Report.
11. Provide the arresting officer with copies of the entire report and all supplements.
NOTE: This procedure does not apply to the following officers:
* Maryland State Police officers,
* Prince George’s County officers, * Maryland National Capital
Park & Planning Commission police
officers on Park property,
* Prince George’s CountySheriff’s
Department
When officers stipulated above make an arrest within the Town, they will transport and process as they would in any arrest made within their jurisdiction. Edmonston police officers will attempt to obtain all pertinent information to include on their ODR (Officers Daily Report.)
B. Booking procedures:
Process the prisoner according to established procedure at Central Processing at the District I Station of the Prince George’s County Police Department
C. Accepting notifications:
1. The Chief will accept notifications of joint investigations within the Town.
2. The on-duty supervisor is designated to accept notification of enforcement actions taken within this jurisdiction pursuant to statute.
3. The on-duty supervisor accepting notification will send a copy of the crime/arrest report to the Chief, via the chain of command, within 72 hours of the arrest.
IX. IMMUNITIES AND EXPEMPTIONS – EMPLOYEE STATUS
A. A police officer who acts under the authority granted by this section:
1. Has all the immunities from liability and exemptions as a State Police officer in addition to any other immunities and exemptions to which the police officer is otherwise entitled; and
2. Remains at all times and for these purposes an employee of the employing unit.
B. Damage to, or loss of equipment, will be handled in accordance with existing procedures.
End of Document
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