MD: Smell of marijuana from a group of juveniles was RS for patdown but not PC

Even with marijuana being partly legal, possession of more than 10 grams was a crime. The smell of marijuana from a group permitted a frisk, and a gun was found on one. “Although that odor, without more, does not provide probable cause to arrest a person for a criminal possession of marijuana, it does meet the less stringent standard of reasonable suspicion necessary to justify an investigatory stop.” The factors supporting reasonable suspicion included the evasive behavior and body language of D.D. and his companions, the discovery of what was claimed to be a BB gun on one of the other young men in the group, D.D.’s baggy clothing, the officers’ smelling the odor of marijuana, their concern that the group was trespassing, and the fact that the officers were outnumbered five to two.” In re D.D., 2022 Md. LEXIS 259 (June 21, 2022).

A search warrant for a garage space permitted a search of cabinets because that’s where the sought after things could be hidden. United States v. Perez, 2022 U.S. Dist. LEXIS 109948 (D. Minn. June 21, 2022).*

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