- (a) This section applies to a law enforcement officer of a jurisdiction in the State who engages in fresh pursuit of a person in the State.
(b)
- (1) Fresh pursuit is pursuit that is continuous and without unreasonable delay.
- (2) Fresh pursuit need not be instant pursuit.
- (3) In determining whether the pursuit meets the elements of fresh pursuit, a court shall apply the requirements of the common law definition of fresh pursuit that relates to these elements.
(c) A law enforcement officer may engage in fresh pursuit of a person who:
- (1) has committed or is reasonably believed by the law enforcement officer to have committed a felony in the jurisdiction in which the law enforcement officer has the power of arrest; or
- (2) has committed a misdemeanor in the presence of the law enforcement officer in the jurisdiction in which the law enforcement officer has the power of arrest.
(d) A law enforcement officer who is engaged in fresh pursuit of a person may:
- (1) arrest the person anywhere in the State and hold the person in custody; and
- (2) return the person to the jurisdiction in which a court has proper venue for the crime alleged to have been committed by the person.
Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001.
Formerly Art. 27, § 602A.