{"data":{"id":"us-md/md.-code-criminal-procedure-5-104","jurisdiction":"us-md","citation":"Md. Code, Criminal Procedure § 5–104","heading":"","body":"(a) (1) In this section the following words have the meanings indicated.\n(2) “Civil immigration violation” means a violation of federal civil immigration law.\n(3) “Family member” means a relative by blood, adoption, or marriage.\n(4) “Household member” means a person who lives with another or is a regular presence in the home of another.\n(5) (i) “Law enforcement agent” means an individual who is certified by the Maryland Police Training and Standards Commission under § 3–209 of the Public Safety Article.\n(ii) “Law enforcement agent” does not include an agent or employee of a State correctional facility or a local correctional facility.\n(6) “Local correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article.\n(7) “State correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article.\n(b) (1) In this subsection, “arrest” does not include a routine booking procedure.\n(2) Except as provided in paragraphs (3) and (4) of this subsection, a law enforcement agent may not, during the performance of regular police functions:\n(i) inquire about an individual’s citizenship, immigration status, or place of birth during a stop, a search, or an arrest;\n(ii) detain, or prolong the detention of, an individual:\n1. for the purpose of investigating the individual’s citizenship or immigration status; or\n2. based on the suspicion that the individual has committed a civil immigration violation;\n(iii) transfer an individual to federal immigration authorities unless required by federal law; or\n(iv) coerce, intimidate, or threaten any individual based on the actual or perceived citizenship or immigration status of the individual or:\n1. the individual’s family member;\n2. the individual’s household member;\n3. the individual’s legal guardian; or\n4. another individual for whom the individual is a legal guardian.\n(3) Nothing in this subsection shall prevent a law enforcement agent from inquiring about any information that is material to a criminal investigation.\n(4) If the citizenship or immigration status of an individual is relevant to a protection accorded to the individual under State or federal law, or subject to a requirement imposed by international treaty, a law enforcement agent may:\n(i) notify the individual of the protection or requirement; and\n(ii) provide the individual an opportunity to voluntarily disclose the individual’s citizenship or immigration status for the purpose of receiving the protection or complying with the requirement.","path":["Article - Criminal Procedure"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp\u0026section=5-104","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:57:17Z","sha256":"16b4dc764a51cc710fab85024c340495407449532bae8812a0cef2c629232061","source_id":"us-md","stale":false,"prev":"us-md/md.-code-criminal-procedure-5-103","next":"us-md/md.-code-criminal-procedure-5-105"},"notice":"GroundRules: Original legal text. Not legal advice."}