The Maryland Office of the Attorney General released guidance to help local law enforcement agencies comply with state laws during a period of increased federal law enforcement activity.
State and local law enforcement officers often interact with their federal counterparts. Historically federal agents and Maryland officers sometimes rely on each other for backup, serve together on federal task forces, enter into mutual aid agreements, and collaborate through less formal arrangements. With recent shifts in regulations and policies at the federal level, Attorney General Anthony Brown has issued updated guidance for statewide agencies and the public to enhance transparency for the standards and expectations of state and local law enforcement.
This is particularly important because federal agencies are not as well versed in the unique laws of each individual state. When working with federal agents, officers statewide remain bound by Maryland law and standards in nearly all circumstances, even if different policing standards are applied side-by-side with federal law enforcement agencies. Maryland law may impose higher standards of conduct and transparency on law enforcement than analogous federal law or federal agency policies. In establishing expectations for collaborations the onus then falls on the county, municipality, or state agency to make those requirements understood by both parties.
For these reasons the Maryland Office of the Attorney General is encouraging local governments and state agencies to make any necessary changes to training protocols to incorporate this guidance. This primarily effects the Maryland Police Training and Standards Commissions for initial and ongoing certifications. Better knowledge of the differentiated standards will limit liability for governmental entities. From the press release:
“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:
- Maryland law establishes statewide standards governing the use of force that Maryland officers generally must heed, even when working with federal agents.
- While performing regular police functions, Maryland officers may not enforce civil immigration laws or assist federal agents in enforcing such laws.
- 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.
- 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 and local government entities from legal liability and disciplinary action.
