Thursday, December 12, 2002 Posted: 1:24 PM EST (1824 GMT)
http://www.cnn.com/2002/LAW/12/12/drug.searches.ap/index.html
ANNAPOLIS, Maryland (AP) -- Maryland's highest court ruled that police can't search passengers for drugs solely because a police dog smells drugs in a car.
Wednesday's Court of Appeals ruling says there must be a link between the suspected drugs and the passengers before an officer can search passengers.
"A passenger in an automobile is generally not perceived to have the kind of control over the contents of the vehicle as does a driver," Judge Dale Cathell wrote.
Defense lawyers in the case stemming from a 1999 drug arrest said they believe the ruling increases the protection of individual citizens.
"I think it matters to anyone who rides as a passenger with someone else," said assistant public defender Bradford Peabody.
The state attorney general's office had argued that if a drug dog alerted police to the possibility of drugs in a vehicle, everyone inside fell under suspicion. Officials said they'll consider asking the U.S. Supreme Court to hear the case.
In October, the Supreme Court refused to review a challenge of police powers in car searches.
Wednesday's ruling upheld a February decision by the Court of Special Appeals to overturn the conviction of Earmon Wallace Sr.
Wallace was one of four passengers in a car that was stopped July 9, 1999,
in Annapolis for speeding and running a red light. A drug-sniffing dog detected
a drug odor. Officers said they found a plastic bag of crack cocaine that belonged
to Wallace.