Legal Opinion

Maryland Attorney General Opinion 108OAG81

Maryland Attorney General Reports

Decided September 15, 2023No. 108OAG81Published

1Opinion of the Court

Gen. 81] 81 TRANSPORTATION LOCAL GOVERNMENT – PREEMPTION – TRAFFIC STOPS – WHETHER A LOCAL ORDINANCE PROHIBITING LOCAL POLICE OFFICERS FROM STOPPING DRIVERS SOLELY FOR CERTAIN TRAFFIC OFFENSES WOULD BE PREEMPTED BY THE MARYLAND VEHICLE LAW September 15, 2023 The Honorable Evan Glass President, Montgomery County Council The Maryland Vehicle Law—the State statute regulating the use of motor vehicles—defines numerous offenses for which police officers may issue traffic citations. Motor vehicle offenses can be categorized as either “primary” or “secondary.” If a police officer observes a primary…

2Cases cited37 opinions

  1. Whren v. United StatesSupreme Court of the United States · 1996
  2. Hines v. DavidowitzSupreme Court of the United States · 1941
  3. Arizona v. United StatesSupreme Court of the United States · 2012
  4. Lockshin v. SemskerCourt of Appeals of Maryland · 2010
  5. Ferris v. StateCourt of Appeals of Maryland · 1999

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