Being Wrongfully Arrested in Maryland
I was arrested without cause — here's what Maryland law says and what to do next.
Statute: Md. Code, State Gov't § 12-101 et seq. (Maryland Tort Claims Act); Maryland Police Accountability Act (2021)
Deadline: 365 days
Penalty: Section 1983 claims have a 3-year statute of limitations in Maryland. The Maryland Police Accountability Act of 2021 created new civilian oversight, use-of-force standards, and officer discipline procedures
What is being wrongfully arrested?
Police can't arrest you without probable cause — a fact-based reasonable belief that you've committed a crime. An arrest without it is a false arrest and a Fourth Amendment violation. The standard is lower than "beyond reasonable doubt" but higher than a hunch — it's what a reasonable officer, looking at the same facts, would conclude.
Below the arrest line is the Terry stop — a brief investigative detention, named after Terry v. Ohio (1968), that requires only reasonable suspicion of criminal activity. Police can stop and ask questions, and pat you down for weapons if they reasonably believe you're armed and dangerous. They can't stop you just because you "look suspicious," because of your race, or because you refused to answer questions on the street.
What to Do If You Were Arrested Without Probable Cause
Step 1: Find out where you stand. "Am I free to leave?" If no, you're detained. "Am I under arrest?" These two questions clarify the legal posture and create a record on body cam.
Step 2: Don't physically resist. Comply with the body, but say it on the record: "I do not consent to this arrest."
Step 3: Ask the basis. "What is the probable cause for my arrest?" The officer should be able to point to a specific crime. The answer (or lack of one) becomes evidence.
Step 4: Watch the clock. A Terry stop is supposed to be brief — typically 20–30 minutes max. Hold you longer without an arrest, and the stop has likely ripened into an unlawful seizure.
Step 5: After release, document. Names, badge numbers, exact times, witnesses, anything said. File internal affairs and DOJ complaints, and call a civil rights attorney while the details are fresh. § 1983 has a state-borrowed limitations period — often two or three years — but earlier is always better.
How Maryland differs from federal law
Maryland provides remedies for false arrest under state law and federal civil rights law:
- False arrest (false imprisonment) is a recognized tort in Maryland
- Officers must have probable cause or a valid warrant to make an arrest
- MD law permits warrantless arrests for felonies and for misdemeanors committed in the officer's presence (MD Code, Criminal Procedure § 2-202)
- Victims can sue under Maryland common law and under 42 U.S.C. § 1983
- The Maryland Tort Claims Act (MD Code, State Government § 12-101 et seq.) allows claims against the state with a $400,000 cap
- Maryland's Local Government Tort Claims Act covers claims against counties and municipalities
- MD has a 3-year statute of limitations for personal injury claims, including false arrest
Additional steps in Maryland
Document everything about the arrest. File a complaint with the agency's internal affairs and the Police Accountability Board. Consult a Maryland civil rights attorney. The Maryland State Bar Association referral service is at (800) 492-1964. Federal § 1983 claims have a 3-year limitations period in Maryland.
What you should NOT do
Don't run. Even from an unlawful stop, running becomes evidence of consciousness of guilt and triggers extra charges. The Supreme Court in Illinois v. Wardlow (2000) held that flight in a high-crime area can itself be reasonable suspicion.
Don't lie. Silence is your right. False statements to officers — fake name, fake address — are separate misdemeanors or felonies in most states.
Don't argue the law on the street. The officer doesn't decide who's right and the sidewalk is the worst possible courtroom. Save it for your lawyer.
Don't assume you have no proof. Body cams, dash cams, business surveillance, neighborhood Ring cameras, bystander phones. Records often surface late but they surface.
Don't wait — the clock is ticking.
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Generate your police complaint →This page is general legal information for Maryland, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Maryland.