FOR IMMEDIATE RELEASE
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BALTIMORE, MD – Attorney General Anthony G. Brown today released guidance for state and local law enforcement agencies that addresses the application of state law when interacting or partnering with federal law enforcement agencies. The guidance is designed to help law enforcement agencies comply with state laws during a period of increased federal law enforcement activity.
While this guidance is for law enforcement use, Attorney General Brown is also making the document available to all Marylanders for informational purposes, in the interest of transparency and his commitment to upholding the rule of law.
“Maryland’s law enforcement officers are governed by Maryland law and the communities they serve, regardless of shifting federal priorities,” said Attorney General Brown. “We are providing this guidance to help our officers ensure they are complying with applicable State standards for use of force, civil rights protections, and police accountability when they are working with federal agents who may not be bound to the same requirements.”
Key provisions of the guidance include, but are not limited to, the following:
1. Maryland law establishes statewide standards governing the use of force that Maryland officers generally must heed, even when working with federal agents.
2. While performing regular police functions, Maryland officers may not enforce civil immigration laws or assist federal agents in enforcing such laws.
3. Maryland officers must properly use body-worn cameras in accordance with State law and agency policy, identify themselves when making stops, and comply with other key State-law requirements that do not govern federal agents.
4. Unlike federal agents, Maryland officers are subject to civilian oversight in misconduct matters and face substantial exposure to civil liability for violations of State or federal law.
Heeding these considerations will allow Maryland law enforcement agencies and officers to collaborate lawfully and productively with federal agents, in a manner that promotes public safety, encourages trust and legitimacy, and protects Maryland officers from legal liability and disciplinary action.
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