2278

LAWS OF MARYLAND

Ch. 657

(VI) A REGULARLY EMPLOYED DEPUTY SHERIFF
OF ANY COUNTY AND WHO IS COMPENSATED BY THE COUNTY AND WHOSE
USUAL DUTIES INCLUDE THE MAKING OF ARRESTS.

(A)  (1) "FRESH PURSUIT" MEANS PURSUIT UNDER THE
CIRCUMSTANCES LISTED IN SUBSECTION (C) OF THIS SECTION.

(2) THIS PURSUIT SHALL BE CONTINUOUS AND WITHOUT
UNREASONABLE DELAY, BUT DOES NOT REQUIRE INSTANT PURSUIT.
IN DETERMINING IF THE PURSUIT MEETS THESE ELEMENTS, THE
COURT SHALL APPLY THE REQUIREMENTS OF THE COMMON LAW
DEFINITION OF FRESH PURSUIT WHICH PERTAINS TO THESE
ELEMENTS.

(B)  UNDER THE CIRCUMSTANCES PROVIDED BY SUBSECTION (C)
OF THIS SECTION, A PEASE LAW ENFORCEMENT OFFICER MAY:

(1)  ARREST A PERSON ANYWHERE IN THIS STATE AND
HOLD THAT PERSON IN CUSTODY; AND

(2)  RETURN THE PERSON TO THE JURISDICTION IN
WHICH A COURT HAS PROPER VENUE FOR THE CRIMINAL OFFENSE
ALLEGED TO HAVE BEEN COMMITTED BY THE PERSON.

(C) A PEACE OFFICER MAY EXERCISE THE AUTHORITY

PROVIDED BY SUBSECTION (B) OF THIS SECTION WHEN:

(1) IN FRESH PURSUIT OF A PERSON WHO IS

REASONABLY BELIEVED BY THE PEACE OFFICER TO HAVE COMMITTED A
VIOLATION OF THE LAW IN THE PEACE OFFICER'S JURISDICTION, IF
THE PEACE OFFICER HAS THE POWER OF ARREST FOR THE VIOLATION
IN HIS JURISDICTION; OR

(2) THE PEACE OFFICER REASONABLY BELIEVED THE
PERSON TO HAVE COMMITTED OR ATTEMPTED TO COMMIT A FELONY IN
THIS STATE; OR

(3) THE PEACE OFFICER HOLDS A WARRANT FOR THE
ARREST OF THE PERSON.

(C)  A LAW ENFORCEMENT OFFICER MAY ENGAGE IN THE FRESH
PURSUIT OF A PERSON AND EXERCISE THE AUTHORITY PROVIDED BY
SUBSECTION (B), IF THE PERSON:

(1)  HAS COMMITTED OR IS REASONABLY BELIEVED BY
THE LAW ENFORCEMENT OFFICER TO HAVE COMMITTED A FELONY IN
THE JURISDICTION IN WHICH THE LAW ENFORCEMENT OFFICER HAS
THE POWER OF ARREST; OR

(2)  HAS COMMITTED A MISDEMEANOR IN THE PRESENCE
OF THE LAW ENFORCEMENT OFFICER AND IN THE JURISDICTION IN
WHICH THE LAW ENFORCEMENT OFFICER HAS THE POWER OF ARREST.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1980.