Maryland Court Rules Marijuana Odor Not Enough To Search A Person

Maryland Court Rules Marijuana Odor Not Enough To Search A Person

August 23, 2019

In a unanimous ruling earlier this week, the state's Court of Appeals determined two police officers violated a man's Fourth Amendment rights by conducting an unreasonable warrantless search of his person, after police found him in a car that smelled like pot. "In the post-decriminalization era, the mere odor of marijuana coupled with possession of what is clearly less than ten grams of marijuana, absent other circumstances, does not grant officers probable cause to effectuate an arrest and conduct a search," court documents state.

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