§ 26-7 Considerations.
Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.
Balt., Md., Code art. 19, § 26-7 (2026)
§ 26-7 Considerations.LinkCopy Citation
(a)“Known ... seller” defined.
A “known unlawful drug user, possessor, or seller” is:
(1)
a person who has, within the knowledge of the arresting officer, been:
(i)
convicted in any court of any violation of a referenced provision of the referenced state code involving the regulation, use, possession, purchase, or sale of any of the substances referred to therein; or
(ii)
convicted of violating a substantially similar provision of federal law or such law of any other jurisdiction;
(2)
a person who displays physical characteristics of drug intoxication or usage, such as dilated pupils, glassy eyes, or “needle tracks”; or
(3)
a person who possesses drug paraphernalia as defined in <cite data-doc="Md. Code" data-path="27|287A">Article 27, § 287A of the Maryland Code</cite>.
(b)Totality of circumstances.
In making a determination that a person is loitering about or remaining in any public way, public place, or place open or legally accessible to the public within a certified drug-free zone, as herein provided, for the purpose of engaging in prohibited drug-related activity, the totality of the circumstances involved shall be considered.
(c)Circumstances to consider.
Among the circumstances which may be considered in determining whether such purpose is manifested are:
(1)
the conduct of the person being observed, including by way of example only, that such person is behaving in a manner raising a reasonable belief that the person is engaging or is about to engage in illegal drug activity such as:
(i)
the observable distribution of small packages to other persons;
(ii)
the receipt of currency for the exchange of a small package;
(iii)
operating as a “lookout”;
(iv)
warning others of the arrival of police;
(v)
fleeing without other apparent reason upon the appearance of a police officer;
(vi)
concealing himself or herself or any object which reasonably may be connected to unlawful drug-related activity; or
(vii)
engaging in any other conduct normally associated by law enforcement agencies with the illegal distribution or possession of drugs;
(2)
information from a reliable source indicating that the person being observed routinely distributes illegal drugs within the drug-free zone;
(3)
information from a reliable source indicating that the person being observed is currently engaging in illegal drug-related activity within the drug-free zone;
(4)
such person is physically identified by the officer as a member of a “gang” or association which engages in illegal drug activity;
(5)
such person is a known unlawful drug user, possessor, or seller;
(6)
such person has no other apparent lawful reason for loitering or remaining in the drug-free zone (e.g., such as waiting for a bus or being near one’s own residence);
(7)
any vehicle involved in the observed circumstances is registered to:
(i)
a known unlawful drug user, possessor, or seller; or
(ii)
a person for whom there is an outstanding arrest warrant for a crime involving drug-related activity.
History: Ord. 89-375
History: Ord. 90-561A