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§ 1-211. Stops or searches; cannabis; admissibility of evidence

West's Annotated Code of MarylandCriminal ProcedureEffective: July 1, 2023

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 1. Definitions; General Provisions (Refs & Annos)
Subtitle 2. General Provisions (Refs & Annos)
Effective: July 1, 2023
MD Code, Criminal Procedure, § 1-211
§ 1-211. Stops or searches; cannabis; admissibility of evidence
Currentness
Initiation of a stop or search
(a) A law enforcement officer may not initiate a stop or a search of a person, a motor vehicle, or a vessel based solely on one or more of the following:
(1) the odor of burnt or unburnt cannabis;
(2) the possession or suspicion of possession of cannabis that does not exceed the personal use amount, as defined under § 5-601 of the Criminal Law Article; or
(3) the presence of cash or currency in proximity to cannabis without other indicia of an intent to distribute.
Areas that may be searched
(b) If a law enforcement officer is investigating a person solely for driving or attempting to drive a motor vehicle or vessel while impaired by or under the influence of cannabis in violation of § 21-902 of the Transportation Article or § 8-738 of the Natural Resources Article, the law enforcement officer may not conduct a search of an area of a motor vehicle or vessel that is not:
(1) readily accessible to the driver or operator of the motor vehicle or vessel; or
(2) reasonably likely to contain evidence relevant to the condition of the driver or operator of the motor vehicle or vessel.
Admissibility of evidence
(c) Evidence discovered or obtained in violation of this section, including evidence discovered or obtained with consent, is not admissible in a trial, a hearing, or any other proceeding.

Credits

Added by Acts 2023, c. 802, § 2, eff. July 1, 2023.
MD Code, Criminal Procedure, § 1-211, MD CRIM PROC § 1-211
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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