probable cause

Apr 12, 2023

Md. lawmakers pass bill to bar police stops, searches based on smell of marijuana

The smell of marijuana will no longer be enough to justify a police stop or search under a bill that Maryland lawmakers passed.

Mar 20, 2023

House passes bill removing marijuana smell as probable cause for police

The House of Delegates passed legislation that would bar police from detaining individuals simply because they smelled of marijuana.

Mar 16, 2023

Bill removing marijuana smell as probable cause clears House hurdle

The House of Delegates gave preliminary approval to legislation that would bar police from detaining individuals simply because they smelled of marijuana.

Jun 24, 2022

Smell of marijuana justifies investigatory stop, Md. high court says

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.

Apr 5, 2022

Don’t confuse marijuana decriminalization, legalization, Md. court says

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

Sep 21, 2020

Md. lawyers recall Ginsburg as sharp, intellectual, respectful

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 of years, enabling police to resume interrogation after reminding defendants of their Miranda rights. Ginsburg […]

Jul 28, 2020

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

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 Monday. In its 7-0 decision, the Court of Appeals said enabling police to arrest and […]

Jan 9, 2020

Cause to arrest, search? High court weighs issue of pot odor.

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 a crime in Maryland, an attorney for the state told Maryland’s top court Thursday. Assistant […]

Dec 2, 2019

Law enforcement seeks to differentiate legal cannabis from contraband

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 they are conducting stops and searches. In the two years since medical cannabis was legalized […]

Sep 11, 2019

High court to consider whether pot odor gives cause to arrest

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 in the state. The Court of Appeals agreed this week to review a lower court […]

Aug 13, 2019

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

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 10 grams of the drug or was driving under its influence, Maryland’s top court ruled […]

Jun 24, 2019

Simon stands: Justices decline review of K-9 sniff case

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 without comment lower court decisions that Simon’s jittery behavior – though short of the certain […]

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