STATE OF MARYLAND, ET AL. v. VADIM ROSHCHIN, ET AL.
Court of Appeals, McDonald, Filed Jan. 26, 2016,
Arrest – TR 5-1104 – The “right” to receive a citation for a misdemeanor under TR 5-1104 “has no bearing” on whether an officer may legally make an arrest instead of or in conjunction with issuance of a citation.
Reversing the CoSA opinion
(Dissent by Adkins – agrees with the CoSA that the arrest was not valid)
Contrasts the Motor Vehicle Code’s citation mechanism with the Aviation and Natural Resources citation mechanism. Finds that the Aviation mechanism doesn’t require citation in lieu of arrest.
Questions left open:
Is “shall” directory (this is what you’re supposed to do) or mandatory (this is what you have to do)?
Whether an arrest made despite the “shall” issue terms of the Motor Vehicle Law is still a legal arrest when the “may arrest” conditions have not been met. (This opinion suggests that it is possible to both issue a citation and then place someone under arrest and transport to commissioner to charge by statement of charges. Of course, the court seems to suggest that the SoC supersedes the citation, when the legislative framework is less clear on the matter).
—
While I normally agree with McDonald (when he writes; not necessarily when he signs-on), a quick read of this opinion suggests a dramatic shift in the area of statutory interpretation.
The CoA notes that “even when the language is unambiguous, it is useful to review legislative history of the statute to confirm that interpretation…”
I would suggest that readers not rely heavily on this line, however. A more sturdy pillar upon which to rest what follows is the second noted by the Court: related statutes governing the same subject are to be construed together and harmonized.
When viewed in this light, the Court’s effort at “providing context” for the otherwise straightforward language of TR 5-1104 makes more sense. Or perhaps I’m just allowing my predisposition for agreeing with Judge McDonald color my reading (doubtful. That only tends to be an issue with Judge Moylan, or would be if he ever made a mistake…).
Towed Vehicles – Police have authority to “seize and remove… vehicles impeding traffic or threatening public safety and convenience.”
Towed Vehicles – “There is no exception to this rule when the vehicle is unattended because the driver was arrested.”
Arrest – citation and arrest are not mutually exclusive
TR 5-1104 – Statutory Interpretation – Because there are no consequences listed for an officer’s failure to issue a citation and the legislative history doesn’t show an intent to trump an officer’s usual power of arrest and because it would alter the common law to hold otherwise, held that LEO may still make an arrest for a violation.
Statutory Interpretation – Agency Interpretation – Deference to agency interpretation depends on whether the agency:
1) administers the statute
2) developed its interpretation through a well-reasoned process
3) developed its interpretation in an adversarial proceeding or formal rule promulgation
4) consistently applied the interpreration for a “long” period of time
TR 5-426 – does not require posting in the area to be enforced