|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
975
|
|
|
|
|
MARVIN MANDEL, Governor
|
|
|
|
|
|
|
|
|
|
|
|
|
|
THE DRIVER, OWNER, OR PASSENGER OF A MOTOR VEHICLE OTHER
THAN A POLICE VEHICLE TO PARTICIPATE IN A ROAD BLOCK TO
ASSIST HIM IN ENFORCING THAT LAW OR IN APPREHENDING ANY
PERSON SUSPECTED OF VIOLATING OR KNOWN TO HAVE VIOLATED
THAT LAW, THIS STATE OR THE POLITICAL SUBDIVISION, AS THE
CASE MAY BE, IS LIABLE FOR THE DAMAGES OR INJURIES
PROXIMATELY CAUSED BY PARTICIPATION IN THE ROAD BLOCK,
(C) DEFENSES AVAILABLE TO STATE OR POLITICAL
SUBDIVISION.
THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE
MAY USE THE DEFENSES DEFENSE OF CONTRIBUTORY NEGLIGENCE
AND ASSERT THE DOCTRINE OF LAST CLEAR CHANCE IN AN ACTION
BROUGHT OR DEFENSE RAISED UNDER SUBSECTION (B) OF THIS
SECTION.
REVISOR'S NOTE: Subsection (a) of this section is
new language derived without substantive
change from Art. 66 1/2, §9-102(a).
Subsections (b) and (c) of this section
presently appear as Art. 66 1/2, §9-102(c).
In subsection (b) of this section, the present
provisions relating to the status of the
Baltimore City Police Department, defining
"police officer", and requiring fiscal
officers to pay claims are deleted for the
reasons stated in the revisor's note to
§19-101 of this title.
The only other changes are in style.
As to subsection (c) of this section, see
revisor's note to §19-101(b) of this title.
As to subsection (a) of this section, it might
be helpful to point out that, as more clearly
stated in the revision, the intent of the law
is to prohibit a police officer from directing
people to participate in a road block. It
does not prevent a police officer from
commandeering a vehicle. For a reaffirmation
of the common law privilege of allowing police
officers to commandeer a vehicle, see 35 Op.
Att'y Gen. 237 (1950).
TITLE 20. VEHICLE LAWS—ACCIDENTS AND ACCIDENT REPORTS.
20-101. SCOPE OF TITLE.
(A) TITLE APPLIES THROUGHOUT STATE.
THIS TITLE APPLIES THROUGHOUT THIS STATE, WHETHER
ON OR OFF A HIGHWAY.
(B) SECTIONS 20-101 TO 20-105 APPLICABLE TO
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
