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Session Laws, 1997
Volume 795, Page 1497   View pdf image
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PARRIS N. GLENDENING, Governor Ch. 92

1. The person battered the person's spouse or other individual
with whom the person resides;

2. There is evidence of physical injury; and

3. Unless the person is immediately arrested:

A. The person may not be apprehended;

B. The person may cause injury to the person or damage to the
property of one or more other persons; or

C. The person may tamper with, dispose of, or destroy evidence;

and

(ii) A report to the police was made within 48 hours of the alleged

incident.

(2) If the police officer has probable cause to believe that mutual battery
occurred and arrest is necessary under this subsection, the officer shall consider whether
one of the parties acted in self-defense when making the determination whether to arrest
the person whom the officer believes to be the primary aggressor.

(e) A police officer may arrest a person without a warrant if the officer has
probable cause to believe:

(1) That an offense listed in subsection (f) of this section has been

committed;

(2) That the person has committed the offense; and

(3) That unless the person is immediately arrested:

(i) The person may not be apprehended;

(ii) The person may cause injury to the person or damage to the
property of one or more other persons; or

(iii) The person may tamper with, dispose of, or destroy evidence.

(f) The offenses referred to in subsection (e) of this section are:

(1) Those offenses specified in the following sections of Article 27, as they
may be amended from time to time:

(i) Section 8(a) (relating to malicious burning);

(ii) Section 36 (relating to carrying or wearing weapon);

(iii) Section 113 (relating to destroying, injuring, etc., property of

another);

(iv) Section 156 (relating to giving a false alarm of a fire);

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Session Laws, 1997
Volume 795, Page 1497   View pdf image
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