Legal Question in Criminal Law in Maryland

Probable cause to perform a warrantless search on a vehicle

A friend of mine parked at his apartment complex and started walking into his building when he turned to see police officers opening his car doors and searching his vehicle. They claimed that they smelled marijuana and convinced him to also let them perform a search on the house or they would come back later and kick the door in. They did not find anything in the house,however they did find buds from marijuana cigars in his car and that is what they charged him with. My question is according to Maryland state law is smelling marijuana outside of a parked car probable cause to search a vehicle without a warrant or permission?


Asked on 3/03/06, 8:29 pm

1 Answer from Attorneys

Re: Probable cause to perform a warrantless search on a vehicle

Under Maryland law, the police may not search an unoccupied car without a warrant or permission of the driver/owner.

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Answered on 3/12/06, 4:34 am


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