(a) A police officer without a warrant may arrest a person if:
(1) the police officer has probable cause to believe that:
(i) the person battered the person’s spouse or another person with whom the person resides;
(ii) there is evidence of physical injury; and
(iii) unless the person is arrested immediately, the person:
1. may not be apprehended;
2. may cause physical injury or property damage to another; or
3. may tamper with, dispose of, or destroy evidence; and
(2) a report to the police was made within 48 hours of the alleged incident.
(b) If the police officer has probable cause to believe that mutual battery occurred and arrest is necessary under subsection (a) of this section, the police officer shall consider whether one of the persons acted in self-defense when determining whether to arrest the person whom the police officer believes to be the primary aggressor.
Structure Maryland Statutes
Title 2 - Law Enforcement Procedures; Arrest Process
Subtitle 2 - Warrantless Arrests
Section 2-201 - Effect of Subtitle
Section 2-202 - Warrantless Arrests -- in General
Section 2-203 - Warrantless Arrests -- Commission of Specified Crimes
Section 2-204 - Warrantless Arrests -- for Domestic Abuse
Section 2-204.1 - Warrantless Arrests -- for Violation of Protective Order
Section 2-205 - Warrantless Arrests -- for Stalking
Section 2-206 - Warrantless Arrests During State of Emergency
Section 2-207 - Authority of Correctional and Other Employees
Section 2-208 - Authority of State Fire Marshal and Assistants
Section 2-208.1 - Authority of Montgomery County Fire and Explosive Investigator
Section 2-208.3 - Authority of Prince George's County Fire and Explosive Investigator
Section 2-208.4 - Authority of Worcester County Fire and Explosive Investigator
Section 2-208.5 - Authority of City of Hagerstown Fire and Explosive Investigator
Section 2-208.6 - Authority of Fire and Explosive Investigators in Howard County
Section 2-210 - Trespassing on Posted Property Used for Defense-Related Activity