Legal Opinion

Lewis v. State

Court of Appeals of Maryland

Decided July 27, 2020No. 44/19PublishedCited by 17 opinions

1Opinion of the Court

Rasherd Lewis v. State of Maryland, No. 44, September Term, 2019 CRIMINAL PROCEDURE — ODOR OF MARIJUANA — PROBABLE CAUSE — SEARCH INCIDENT TO LAWFUL ARREST EXCEPTION — DECRIMINALIZATION OF LESS THAN TEN GRAMS OF MARIJUANA — The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. For a warrantless arrest to be reasonable, there must be probable cause to believe that the arrestee committed a felony or was committing a felony or misdemeanor in the presence of a law enforcement officer. Possession of less than ten grams of marijuana is neither a felony…

2Cases cited26 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Carroll v. United StatesSupreme Court of the United States · 1925
  4. Chimel v. CaliforniaSupreme Court of the United States · 1969
  5. Pennsylvania v. MimmsSupreme Court of the United States · 1977

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3Cited by17 opinions

  1. Trott v. StateCourt of Appeals of Maryland · 2021
  2. In re: D.D.Court of Appeals of Maryland · 2022
  3. State v. WrightOhio Court of Appeals · 2024
  4. State v. Quaheem O. MooreWisconsin Supreme Court · 2023
  5. State v. Quaheem O. MooreWisconsin Supreme Court · 2023

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