Edward D. Rollins III, of North East, Cecil County State's Attorney, was taken into custody and then released without charges, Ocean City police said in a statement.
Police officers were called about 4 p.m. on Wednesday to the Clarion Resort Fontainebleau Hotel after receiving reports of a nude man on a balcony. Officers went to the room and took Rollins into custody.
Police consulted with Worcester County State's Attorney Beau Oglesby and were told to release Rollins without charges pending further investigation.
"It's unethical and inappropriate for me to comment on a pending investigation," Oglesby said on Saturday.
He added however that his office is weighing whether there is any conflict of interest with his office investigating Rollins.
"Does the fact that Mr. Rollins is a state's attorney as am I, create conflict?" he said, adding that for now he doesn't believe there is.
Oglesby said his office is still determining what charges might be issued, adding that he didn't want to rush his office's investigation.
"I hope for those questions to be answered," and possibly announce a decision on Monday, he said.
Attempts to reach Rollins were unsuccessful Saturday. A message left for the general manager at the hotel also was not returned.
Rollins is one of four candidates vying for a vacancy on the Cecil County Circuit Court, according to the state courts website.
Rollins was admitted to the Maryland Bar in 1980 and has served as state's attorney since 2011.
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