Tag Archives: marijuana smell

Odor-based pot arrests are unconstitutional: Md. high court

“(P)olice officers must have probable cause to believe a person possesses a criminal amount of marijuana in order to arrest that person and conduct a search incident thereto,” Chief Judge Mary Ellen Barbera wrote for the high court. (iStock photo)

Police officers lack probable cause to arrest and search someone for marijuana possession simply for smelling of the drug, because possession of less than 10 grams of marijuana is not a crime in Maryland, the state’s top court unanimously ruled ...

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Top Md. court: A sniff inside a car constitutes a ‘search’

The Courts of Appeal builiding in Annapolis. (File)

Motorists pulled over during routine traffic stops have a reasonable expectation of privacy in the interior of their cars such that police officers must have probable cause, reasonable suspicion or reasonably fear for the public’s immediate safety before they stick their noses in the car and smell evidence of drug use, Maryland’s top court has unanimously ruled.

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