Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 2-107

  • Arrest: Taking physical custody of a person by lawful authority.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(a) In a circuit court, an arrest warrant shall be issued on a form that:

(1) Is 8 1/2 by 11 inches in size;

(2) Contains the following information, if known, about the person for whom the warrant is issued:

(i) Full name;

(ii) Last address;

(iii) Race;

(iv) Sex;

(v) Height;

(vi) Weight;

(vii) Hair color;

(viii) Eye color;

(ix) Driver’s license number;

(x) Social Security number;

(xi) Distinguishing body marks or scars; and

(xii) Any other pertinent identifying information; and

(3) Contains specific instructions to indicate the judge or court commissioner before whom the person is directed to appear once arrested.

(b) An arrest warrant issued under this section shall be clearly captioned:

(1) “Arrest warrant/State capias”;

(2) “Arrest warrant/contempt”;

(3) “Arrest warrant/contempt of court”; or

(4) “Arrest warrant/body attachment”.

(c) After a judge issues an arrest warrant, the judge shall:

(1) Maintain a copy for the judge’s file; and

(2) Provide a copy for:

(i) The clerk of the circuit court;

(ii) The sheriff or other law enforcement officer who will be serving the warrant; and

(iii) The person for whom the warrant is issued.

(d) Failure to use the form described in this section does not have any effect on an otherwise lawful arrest.