Ch. 5

2003 LAWS OF MARYLAND

INTERROGATION, THE LAW ENFORCEMENT OFFICER SHALL BE INFORMED
COMPLETELY OF ALL OF THE LAW ENFORCEMENT OFFICER'S RIGHTS BEFORE THE
INTERROGATION BEGINS.

(F)     TIME OF INTERROGATION.

UNLESS THE SERIOUSNESS OF THE INVESTIGATION IS OF A DEGREE THAT AN
IMMEDIATE INTERROGATION IS REQUIRED, THE INTERROGATION SHALL BE
CONDUCTED AT A REASONABLE HOUR, PREFERABLY WHEN THE LAW ENFORCEMENT
OFFICER IS ON DUTY.

(G)     PLACE OF INTERROGATION.

(1)      THE INTERROGATION SHALL TAKE PLACE:

(I)      AT THE OFFICE OF THE COMMAND OF THE INVESTIGATING
OFFICER OR AT THE OFFICE OF THE LOCAL PRECINCT OR POLICE UNIT IN WHICH
THE INCIDENT ALLEGEDLY OCCURRED, AS DESIGNATED BY THE INVESTIGATING
OFFICER; OR

(II)     AT ANOTHER REASONABLE AND APPROPRIATE PLACE.

(2)      THE LAW ENFORCEMENT OFFICER UNDER INVESTIGATION MAY
WAIVE THE RIGHT DESCRIBED IN PARAGRAPH (1)(I) OF THIS SUBSECTION.

(H) CONDUCT OF INTERROGATION.

(1)      ALL QUESTIONS DIRECTED TO THE LAW ENFORCEMENT OFFICER
UNDER INTERROGATION SHALL BE ASKED BY AND THROUGH ONE INTERROGATING
OFFICER DURING ANY ONE SESSION OF INTERROGATION CONSISTENT WITH
PARAGRAPH (2) OF THIS SUBSECTION.

(2)      EACH SESSION OF INTERROGATION SHALL:

(I)      BE FOR A REASONABLE PERIOD; AND

(II)     ALLOW FOR PERSONAL NECESSITIES AND REST PERIODS AS
REASONABLY NECESSARY.

(I) THREAT OF TRANSFER, DISMISSAL, OR DISCIPLINARY ACTION
PROHIBITED.

THE LAW ENFORCEMENT OFFICER UNDER INTERROGATION MAY NOT BE
THREATENED WITH TRANSFER, DISMISSAL, OR DISCIPLINARY ACTION.

(J) RIGHT TO COUNSEL.

(1) (I) ON REQUEST, THE LAW ENFORCEMENT OFFICER UNDER
INTERROGATION HAS THE RIGHT TO BE REPRESENTED BY COUNSEL OR ANOTHER
RESPONSIBLE REPRESENTATIVE OF THE LAW ENFORCEMENT OFFICER'S CHOICE
WHO SHALL BE PRESENT AND AVAILABLE FOR CONSULTATION AT ALL TIMES
DURING THE INTERROGATION.

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