The Smell Of Marijuana During A Traffic Stop

The Maryland Court of Appeals — the state’s highest-ranking court recently ruled that law enforcement cannot use the smell of marijuana alone as justification for conducting a personal search during a vehicle stop. 

State of Maryland vs. Michael Pacheco

The ruling stems from a 2016 case in which two Montgomery County cops asked a man named Michael Pacheco to step out of his vehicle after detecting the smell of “fresh burnt” marijuana and seeing a joint on the center console. They proceeded to search Mr. Pacheco and ended up finding cocaine in his pocket. As a result, the police charged him with possession of cocaine with intent to distribute it. They also issued a citation for possession of less than 10 grams of cannabis.  

The Court of Appeals ultimately determined that while the car search was permissable, the personal search was not. This is based on the “heightened expectation of privacy one enjoys in his or her person as compared to the diminished expectation of privacy one has in an automobile.” 

Marijuana Laws in Maryland — “The Times They Are a-Changin”

In 2014, Maryland decriminalized the possession of 10 grams or less of marijuana. The Court of Appeals cited this law when making its decision in the Michael Pacheco case. The Court stated that the discovery of cocaine found in Mr. Pacheco’s pockets was the result of an illegal search because the officers had no probable cause to believe he was in possession of more than 10 grams of weed. 

Understanding Search and Seizures

A police officer has the right to search a vehicle if they have probable cause to believe it contains contraband or evidence of a crime. A search can lead to an arrest if officers have probable cause to think a person committed a crime in their presence. When an officer conducts a search without probable cause, it is a violation of a person’s Fourth Amendment rights and any evidence obtained will be thrown out.

Get Help From a Criminal Defense Lawyer Today

If you or a loved one are facing drug charges in Maryland, it’s important to speak with an experienced criminal defense attorney as soon as possible. At Britt Criminal Defense, we offer a free initial consultation. Call us today at (443) 614-6881.