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PARRIS N. GLENDENING, Governor
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Ch. 26
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(1) A LAW ENFORCEMENT OFFICER WHO CONDUCTS A SEARCH OR
SEIZURE IN ACCORDANCE WITH THIS SECTION SHALL FILE A WRITTEN REPORT WITH
THE LAW ENFORCEMENT OFFICER'S EMPLOYER UNIT WITHIN 24 HOURS AFTER THE
SEARCH OR SEIZURE.
(2) THE REPORT SHALL BE ON A FORM THAT THE SECRETARY OF PUBLIC
SAFETY AND CORRECTIONAL SERVICES PRESCRIBES, SHALL INCLUDE THE NAME OF
THE PERSON SEARCHED, AND SHALL DESCRIBE THE CIRCUMSTANCES
SURROUNDING AND THE REASONS FOR THE SEARCH OR SEIZURE.
(3) A COPY OF THE REPORT SHALL BE SENT TO THE SECRETARY OF THE
STATE POLICE.
(D) CIVIL ACTIONS.
ON REQUEST OF A LAW ENFORCEMENT OFFICER, THE ATTORNEY GENERAL
SHALL DEFEND THE OFFICER IN A CIVIL ACTION, INCLUDING ANY APPEAL, IN WHICH
THE OFFICER IS SUED FOR CONDUCTING A SEARCH OR SEIZURE UNDER THIS
SECTION THAT IS ALLEGED TO BE UNREASONABLE AND UNLAWFUL.
(E) CONSTRUCTION OF SECTION.
(1) THIS SECTION MAY NOT BE CONSTRUED TO LIMIT THE RIGHT OF A
LAW ENFORCEMENT OFFICER TO CONDUCT ANY OTHER TYPE OF SEARCH OR
SEIZURE OR MAKE AN ARREST THAT IS OTHERWISE AUTHORIZED BY LAW.
(2) THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO AND NOT
LIMITED BY THE PROVISIONS OF TITLE 2 OF THE CRIMINAL PROCEDURE ARTICLE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 36D.
In subsection (a)(1) of this section, the reference to the authority of a law
enforcement officer to "make an inquiry and conduct a limited search of a
person" is added for clarity.
In subsection (a)(1)(i) and (2)(iv) of this section, the references to a
violation of "§ 4-203 of this subtitle" are substituted for the former
references to a violation of "§ 36B" of this subtitle for clarity. Although
former Art. 27, § 36B is technically broader than revised § 4-203, it seems
that the legislature meant, when referring to § 36B, only the crime of
illegal wearing, carrying, or transporting of a handgun specified in §
36B(b), revised in § 4-203, and not the crime of using a handgun or antique
firearm in the commission of a felony or crime of violence specified in §
36B(d), revised in § 4-204.
In subsection (a)(1)(iv) and (2)(iv) of this section, the former references to a
person "in fact" wearing a handgun are deleted as unnecessary.
In subsection (a)(2) of this section, the introductory language "[i]f the
circumstances specified under paragraph (1) of this subsection exist" is
added for clarity.
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- 343 -
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