Can the Police Stop You Without a Valid Reason in Maryland?

Interacting with the police can be stressful, even for people who have not committed a crime or done anything wrong. Police officers have a great deal of authority vested in them. They can order you to do things and may try and be intimidating in the process. Moreover, if the police suspect you of committing a crime, they may not be particularly agreeable when interacting with you. On top of all that, the vast majority of police officers are armed, so there is always the lingering fear, however unlikely, that the interaction could turn violent.

Fortunately, police officers are not able to stop and detain people without at least some sort of idea that a crime has taken place or is going to be carried out. The legal term for this is “reasonable suspicion,” which means that the officer must be able to articulate their belief that a crime is happening.

If you need help, call Rice, Murtha & Psoras’s Maryland criminal defense lawyers at the number (410) 694-7291 for a free, confidential case review.

Can the Police Stop Me for No Reason in Maryland?

In order to stop someone, the police need something to go off of to justify the stop. When you talk to our Baltimore criminal defense lawyers, we can look at the circumstances surrounding your particular situation and discuss your options about how to handle the case. While the police cannot stop you for literally no reason, the threshold for what is required for a stop is somewhat low. The controlling precedent comes from the U.S. Supreme Court case Terry v. Ohio, decided in 1968.

In that case, a police officer was walking a beat and saw three people walking back and forth past a store window repeatedly. The officer, believing they were casing the store, followed them, stopped them to inquire as to their names, and patted down one of the individuals. Terry was found with a firearm on his person. The officer subsequently arrested all three people on concealed firearms charges.

The Supreme Court held that there is a distinction between a mere stop by a police officer and a full-on arrest. As with an arrest, probable cause is required. However, for an officer to stop someone and perform a pat-down, the officer must have “reasonable suspicion” that a crime is going to be committed. At that point, an officer is allowed to stop an individual and perform a pat-down. However, the pat-down must be limited to ensuring that the individual being searched is not an immediate threat to the officer. Usually, this means that only the outer clothing of an individual can be searched, and only for things that could pose a threat to the officer. Additionally, this stop cannot be for an inordinate amount of time. The police cannot keep you in place on the sidewalk for hours. Finally, since being stopped is not an arrest, you are able to ask the officer if you are free to go. If they say you are not, at that point it is no longer a mere stop and is closer in conduct to an arrest or detention.

What Do the Police Need to Arrest Someone in Maryland?

The police cannot simply go around arresting people because they feel like it. The most straightforward reason a police officer could stop and arrest someone is if they catch a perpetrator in the act. For example, if an officer sees someone throw a crowbar through a store window, they can stop that person and arrest them on the spot with little questions asked. However, things get more complicated as situations become less clear-cut for the officer. In those cases, officers will have to rely on things besides witnessing a crime firsthand.

What is Probable Cause in Maryland?

In order for an officer to arrest someone they are not certain committed a crime, they need something called “probable cause.” Probable cause is the legal idea that officers need some kind of justification for why they arrest someone.

In addition to probable cause, police also usually need a warrant to perform an arrest. A warrant is a document signed off by a judge that allows someone to do something that would otherwise violate a citizen’s rights. In this case, arrest them anywhere outside the home.

However, under Md. Code, Crim. Art., § 2-202, police can arrest people without a warrant under certain circumstances. Essentially, the police need either to see you committing a felony or have probable cause that you are committing a felony.

What Are Your Options if the Police Stopped You Without a Valid Reason in Maryland

If you were stopped by the police and believe that it was not justified, you may be wondering what to do next. Fortunately, our Bel Air criminal defense lawyers know how to handle these situations. If evidence was obtained from a stop that was unjustified, you may be able to have it suppressed in court proceedings, i.e., barred from admissibility as evidence against you through a motion to suppress.

Evidence can only be admitted if it was obtained legally. Furthermore, any evidence obtained during an illegal search or seizure is considered the “fruit of the poisonous tree” and cannot be used to either. For example, if an officer stopped you for no reason and obtained evidence the prosecution wishes to use at trial, our lawyers can file a motion to suppress that evidence and make sure that it is not used against you in court.

Talk to Our Maryland Criminal Defense Lawyers Today

Rice, Murtha & Psoras’s Towson criminal defense lawyers can review your case confidentially and for free when you call us at (410) 694-7291.