In Maryland, police officers need to follow specific rules before they can search someone’s home. A history of drug use does not automatically give police the right to search a person’s home.
The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures. This protection certainly applies to residents of Maryland as well.
The need for a warrant
For police to search a home legally, they must follow proper criminal procedure by either obtaining a warrant or an acceptable exception to the warrant requirement. To obtain a warrant, police need to show probable cause. There must be a reasonable basis to believe that evidence of a crime is present in the place for a search to occur. A person’s history of drug use alone does not establish probable cause.
Legal exceptions
There are limited exceptions to the warrant requirement. For example, if a person voluntarily agrees to let the police search their home, the police do not need a warrant. Another exception is exigent circumstances. This means that if there is an emergency situation that requires immediate action, police may enter a home without a warrant. Police can also enter if they reasonably believe that evidence is being destroyed inside the home or if evidence of drug use is in plain view.
Ultimately, police in Maryland cannot search a home just because the resident has a history of drug use. There are no circumstances under which a prior drug crime, or even a felony drug conviction, can be a reasonable exception to the Fourth Amendment. Understanding these rules can help you protect your individual rights and take appropriate action if the police overstep their bounds.
