216 [80 Op. Att’y

1

 This opinion modifies earlier advice of counsel, to the extent that

the earlier advice suggested that no affidavit was necessary. However, as

explained in Part II below, a special police officer may file an application

without appearing before a judicial officer to sign the affidavit.

2

 The 1880 law applied only to railroad, steamboat, canal, furnace,

colliery, and rolling mill companies. It was extended to all corporations

by Chapter 217 of the Laws of Maryland 1918.

LAW ENFORCEMENT OFFICERS

SPECIAL POLICE OFFICERS ) INVESTIGATORY AUTHORITY )

FILING OF CHARGES

November 8, 1995

The Honorable Mary Louise Preis

House of Delegates 

You have requested our opinion concerning the authority of

special police officers to conduct criminal investigations, collect

evidence, and file an application for a statement of charges. You

have also asked us to discuss the procedure involved in an

application for a statement of charges. 

Our opinion is as follows: A special police officer may conduct

criminal investigations and collect evidence relating to crimes that

affect the property covered by the officer’s commission. In addition,

a special police officer may file an application for a statement of

charges by affidavit without having to appear before a judicial

officer.1

I

Investigational Authority of Special Police Officers

In 1880, the first law was enacted authorizing the Governor to

issue commissions to special policemen to protect specified

property.

2

 This law, Chapter 460 of the Laws of Maryland 1880,

gave to these special policemen “all the authority and powers held
Gen. 216] 217

3

 Legislation passed in 1974 and 1975 limited the power of arrest

to “a special policeman with a probationary or permanent appointment as

a security officer or a member of any industrial police force who holds a

special police commission, and has completed the basic training course for

police officers as established by the Police Training Commission ...,” but

did not limit the exercise of other powers.

and exercised by constables at common law and under the statutes

of this State, and also all the authority and powers conferred by law

on policemen in the city of Baltimore.” 

The Court of Appeals read this law to give these officers all of

the powers of regular police officers and to render them public

officers while exercising those powers. The Tolchester Beach Imp.

Co. v. Steirmeier, 72 Md. 313, 20 A. 188 (1890). See also 22

Opinions of the Attorney General 470 (1937). The law was also

interpreted by the Attorney General to permit exercise of these

powers outside of the property for which the commission was issued,

so long as the action taken related to that property. 45 Opinions of

the Attorney General 180 (1960); 26 Opinions of the Attorney

General 286 (1941); 20 Opinions of the Attorney General 367

(1935).

In 1969, the General Assembly rewrote the law and combined

it with the existing law on special police officers for government

property. Chapter 581, Laws of Maryland 1969. This law set out

the powers of special police officers in greater detail, ratifying the

expansive gloss that had been placed upon it by the Court of Appeals

and opinions of this office. See Gray v. State, 38 Md. App. 343,

352-53, 380 A.2d 1071 (1977), cert. denied 282 Md. 732 (1978).

Current law is essentially the same as that enacted in 1969.3

Article 41, §4-905 of the Maryland Code provides as follows:

Each person appointed under this subtitle

as a special policeman is charged with the

protection and preservation of peace and good

order on the property described in the

application for the Commission. He has the

power to arrest persons who trespass or

commit offenses thereon. He has, and may

exercise, the powers of a police officer upon

the property described in the application for
218 [80 Op. Att’y

the commission and may exercise these

powers in any county or city of the State in

connection with the care, custody, and

protection of other property of the requesting

authority or other property, real or personal,

for which it has assumed an obligation to

maintain or protect.

The power to arrest necessarily implies the power to determine

who ought to be arrested for a particular offense. Thus, this statute

clearly provides authority for a special police officer to investigate

any offense that relates to the property described in the application

for a commission, and, as part of that investigation, to gather

evidence. Furthermore, so long as the offense involves that

property, the investigation may involve areas outside the property.

II

Application for Statement of Charges

A. Special Police Officer As “Peace Officer”

Maryland Rule 4-211(b) governs the filing of a statement of

charges. It provides as follows:

(1) Except as otherwise provided by

statute, a judicial officer may file a statement

of charges in the District Court against a

defendant who has not been arrested for that

offense upon written application containing an

affidavit showing probable cause that the

defendant committed the offense charged. If

not executed by a peace officer, the affidavit

shall be made and signed before a judicial

officer.

(2) When a defendant is arrested without

a warrant, the officer who has custody of the

defendant shall forthwith cause a statement of

charges to be filed against the defendant in the

District Court. At the same time or as soon

thereafter as is practicable, the officer shall

file an affidavit containing facts showing
Gen. 216] 219

4

 At the time Huger was decided, the rule in effect was Maryland

District Rule 720a and b. The substance of the rule has not changed.

probable cause that the defendant committed

the offense charged.

In Huger v. State, 285 Md. 347, 402 A.2d 880 (1979), the

Court of Appeals considered whether a special police officer was a

“peace officer,” within the meaning of this rule for purposes of the

filing of a statement of charges after a suspect has been arrested.

The Court noted that the rules did not define the term “peace officer”

but that the commonly understood meaning is “a person charged

with the duty to enforce and preserve the public peace.” Huger, 285

Md. at 352 (quoting Black’s Law Dictionary (4th ed.1968)). The

Court concluded that a special police officer is a “peace officer”: 

According to [Black’s Law Dictionary],

“public peace” is “[t]he peace or tranquility of

the community in general; the good order and

repose of the people composing a state ....” A

“police force” is “[a] body of persons trained

in methods of law enforcement and crime

prevention and detection, and given authority

to maintain the peace, safety, and order of the

community,” that is, to enforce and preserve

the public peace.... A “policeman” or “police

officer” is “[a] member of a police force.” Id.

Therefore, a policeman is a peace officer.

Since a special policeman may exercise to the

full the powers of a police officer in the

circumstances here, he also is a peace officer.

Id. (Citation omitted).

The Court’s conclusion that a special police officer is a peace

officer for purposes of Maryland Rule 4-211(b)(2) is equally

applicable to Maryland Rule 4-211(b)(1).4

 Therefore, a special

police officer may file an application for a statement of charges

without being required to appear before a judicial officer.
220 [80 Op. Att’y

5

 It is our understanding that some special police officers who have

placed a defendant under arrest have attempted to apply for a statement of

charges, rather than causing a statement of charges to be filed. The special

police officers want the local police to come and arrest the defendant and

take over the processing. This alternative is not available under the rules;

hence, the Commissioners have refused to accept an application for

statement of charges when the defendant already is under arrest.

B. Procedure

Two separate procedures are applicable: one where an arrest

has already been made, and one where no arrest has been made.

An officer who has arrested a defendant without a warrant

completes a statement of charges (form DC/CR 2) and submits it to

the Commissioner for filing; the Commissioner simply initials it.

The officer also completes and files the “affidavit containing facts

showing probable cause that the defendant committed the offense

charged” (form DC/CR 4). 

Rule 4-211(b)(2) provides that the affidavit is to be filed with

the statement of charges or as soon thereafter as practicable. In

practice, it is submitted when the statement of charges and the

defendant are presented to the Commissioner. The Commissioner

then proceeds with the initial appearance under Rule 4-213,

including a pretrial release determination under Rule 4-216. If the

Commissioner determines that the defendant should not be released

on personal recognizance and the defendant is unable to post bond,

the arresting officer remains responsible to complete the processing

of the defendant, including delivery to the place of detention.5

If an arrest has not been made, the officer, including a special

police officer, completes an “Application for Statement of Charges”

(form DC/CR 1). Because a peace officer is the applicant/affiant,

the form may be completed and signed outside the presence of the

Commissioner. On receipt and review of the application, the

Commissioner determines whether there is probable cause to believe

that the defendant has committed a crime. If so, the Commissioner

completes and files a statement of charges (form DC/CR 3). The

Commissioner then determines whether a summons or warrant

should be issued. 
Gen. 216] 221

III

Conclusion

In summary, it is our opinion that a special police officer may

(i) conduct criminal investigations and collect evidence relating to

crimes that affect the property covered by the officer’s commission

and (ii) file an application for charges without having to appear

before a judicial officer. 

J. Joseph Curran, Jr.

Attorney General

Kathryn M. Rowe

Assistant Attorney General

Jack Schwartz

Chief Counsel

Opinions & Advice