Legal Question in Criminal Law in Maryland
If an individual driving gets pulled over and the cop alleges that the car smells like weed. Does the officer have the right to search the passenger? What are the rights of the passenger in that screnario?
Asked on 5/27/16, 7:49 am
1 Answer from Attorneys
William Welch
William L. Welch, III Attorney
The police must have probable cause to stop, search, and seize. The passenger would have standing to challenge probable cause, and the Court would decide the issue.
Answered on 5/31/16, 8:07 am
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