The sharply divided court ruled that officers may briefly stop and question a person who smells of marijuana though possession of less than 10 grams is not a crime in the state.

Tagged with: fourth amendment investigatory stop marijuana probable cause reasonable suspicion

A Maryland appeals court has expressed exasperation with defense attorneys who it said confuse marijuana decriminalization with legalization.

Tagged with: fourth amendment marijuana Marijuana Decriminalization marijuana legalization marijuana odor probable cause

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 ...

Tagged with: congressional redistricting Maryland v. Shatzer Miranda probable cause Ruth Bader Ginsburg

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 ...

Tagged with: fourth amendment Marijuana Decriminalization marijuana smell probable cause Search and seizure

ANNAPOLIS — Police have probable cause to arrest someone for marijuana possession and to search him or her if they clearly smell the drug on the person – even though possession of less than 10 grams of marijuana is not ...

Tagged with: 4th Amendment marijuana marijuana odor probable cause Search and seizure

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 ...

Tagged with: cannabis Chief John Fitzgerald decriminalization Keith Stroup Maryland Medical Cannabis Commission medical marijuana MMCC NORML police probable cause scott shellenberger William C. Tilburg

Maryland’s top court will consider whether police have probable cause to arrest someone for marijuana possession if they smell the drug clearly on the person – even though possession of less than 10 grams of marijuana is not a crime ...

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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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The U.S. Supreme Court will not review whether drug-sniffing dog Simon’s failure to give a definitive alert to Ocean City police nevertheless gave the officers probable cause to search a car for illegal contraband. The justices on Monday let stand ...

Tagged with: canine search drug-sniffing dog drugs fourth amendment k9 probable cause

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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