Ch. 377

2004 LAWS OF MARYLAND

(I)      THE MONTGOMERY COUNTY FIRE AND EXPLOSIVE
INVESTIGATOR IS PARTICIPATING IN A JOINT INVESTIGATION WITH OFFICIALS
FROM ANOTHER STATE, FEDERAL, OR LOCAL LAW ENFORCEMENT UNIT, AT LEAST
ONE OF WHICH HAS LOCAL JURISDICTION;

(II)     THE MONTGOMERY COUNTY FIRE AND EXPLOSIVE
INVESTIGATOR IS RENDERING ASSISTANCE TO ANOTHER LAW ENFORCEMENT
OFFICER;

(III)   THE MONTGOMERY COUNTY FIRE AND EXPLOSIVE
INVESTIGATOR IS ACTING AT THE REQUEST OF A LAW ENFORCEMENT OFFICER OR
STATE LAW ENFORCEMENT OFFICER; OR

(IV)    AN EMERGENCY EXISTS.

(C) (1) THE MONTGOMERY COUNTY FIRE ADMINISTRATOR:

(I) (1) MAY LIMIT THE AUTHORITY OF A MONTGOMERY COUNTY
FIRE AND EXPLOSIVE INVESTIGATOR UNDER THIS SECTION; AND

(II) (2) SHALL EXPRESS THE LIMITATION IN A WRITTEN POLICY.

(2) THE ACTION OF THE MONTGOMERY COUNTY FIRE ADMINISTRATOR
UNDER PARAGRAPH (1) OF THIS SUBSECTION:

(I) IS NOT SUBJECT TO JUDICIAL REVIEW;

(II) EXCEPT FOR THE MONTGOMERY COUNTY FIRE

ADMINISTRATOR OR FOR MONTGOMERY COUNTY, DOES NOT CREATE A RIGHT TO
CHALLENGE THE AUTHORITY OF A MONTGOMERY COUNTY FIRE AND EXPLOSIVE
INVESTIGATOR; AND

(III) DOES NOT CREATE A CAUSE OF ACTION FOR DAMAGES

AGAINST MONTGOMERY COUNTY, THE MONTGOMERY COUNTY FIRE

ADMINISTRATOR, OR A MONTGOMERY COUNTY FIRE AND EXPLOSIVE INVESTIGATOR

2-209.

(a) [In this section, "Montgomery County fire and explosive investigator"
means an individual who:

(1)     is assigned to the fire and explosive investigations section of the
Montgomery County Fire Marshal's Office; and

(2)     (i) has the rank of a fire rescue lieutenant or higher; and

(ii) has successfully completed an approved police training school
as defined in § 3-201(a) of the Public Safety Article.

(b)] (1) A fire investigator of the Prince George's County Fire Department [or
a Montgomery County fire and explosive investigator] may arrest a person without a
warrant if the fire investigator [or Montgomery County fire and explosive
investigator] has probable cause to believe:

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