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Tag Archives: probable cause

Md. lawyers recall Ginsburg as sharp, intellectual, respectful

FILE - In this Feb. 10, 2020, file photo U.S. Supreme Court Associate Justice Ruth Bader Ginsburg speaks during a discussion on the 100th anniversary of the ratification of the 19th Amendment at Georgetown University Law Center in Washington. (AP Photo/Patrick Semansky, File)

Douglas F. Gansler on Monday recalled as bittersweet Justice Ruth Bader Ginsburg’s interjection while he was arguing before the Supreme Court that the prohibition on police officers questioning suspects who have invoked their right to counsel expires after a period ...

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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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Law enforcement seeks to differentiate legal cannabis from contraband

(The Daily Record file photo)

Rapidly changing law on marijuana use and possession in Maryland, from the decriminalization of small amounts to the legalization of medical use, has left some law enforcement officers wondering what the presence or odor of marijuana means for them when ...

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Md. high court: Burnt-marijuana smell does not justify arrest, search

Smoking joint while driving

The smell of burnt marijuana emanating from a car may give police probable cause to search the vehicle but not to arrest and search the occupant unless the officers had probable cause to suspect he or she possessed at least ...

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DeWolfe appeals drug-sniffing dog case to Supreme Court

A dog sniffs baggage at the Baltimore cuise terminal. (File)

Maryland Public Defender Paul B. DeWolfe  has urged the U.S. Supreme Court to review and overturn the state high court’s decision requiring appellate courts to defer to trial judges’ determinations – unless clearly wrong —  that a drug-sniffing dog was ...

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