Baltimore, MD asked in Constitutional Law and Gov & Administrative Law for Maryland

Q: In Maryland is comor the law or does the Constitution matter more for entering public buildings without having to show

ID. I'm referring to a public building in a public lobby simply to do business.

2 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: I assume you are referring to the Code of Maryland Regulations (COMAR). When the State Legislature enacts legislation establishing various government agencies to perform governmental functions, they grant the power of the agency to enact regulations to carry out the statutory mandate and powers contained in the statute. Those regulations are published in COMAR. They have the power of law. They might by challenged as beyond the department's or agency's statutory authority to regulate the subject matter described in the regulation, but until and unless a court of law stikes down the regulation, it may be enforced, and anyone caught violating it may be subject to whatever sanctions the law provides for its violation. The Maryland Constitution empowers the State Legislature to enact statutes and laws, and to create and fund governmental agencies. COMAR itself is the official repository for all regulations adopted in accordance with the Maryland Administrative Procedure Act, Title 10, Subtitle 1. By definition and extension then, regulations are both constitutionally allowed and enforceable as the law through the acts of the General Assembly of Maryland. If you want to challenge a regulation, then you do not do so by violating it and fighting or arguing with those state employees enforcing it, but by filing a lawsuit against the agency that adopted the regulation as either beyond their statutory authority to regulate the matter or as otherwie violative of an express constitutional right. I am unaware of any general constitutional right to be free from having to show ID to be allowed into a particular government building, but you are free to argue that to a judge and see where it goes.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: In Maryland, state law requires that an individual provide identification upon request from a law enforcement officer if the officer has reasonable suspicion to believe that the individual has committed, is committing, or is about to commit a crime. However, for entering a public building to conduct business, the Maryland Constitution guarantees the right of the people to be secure against unreasonable searches and seizures, and the right to due process of law.

In general, when entering a public building to conduct business, it is not typically required to show identification unless it is necessary for the specific transaction or if there are legitimate security concerns. However, individual government agencies or private entities may have their own policies regarding identification and access to their facilities.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.