<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="§ 26-7 Considerations.">
  <section prefix="§" num="26-7" heading="Considerations.">
    <para num="(a)" heading="“Known ... seller” defined.">A “known unlawful drug user, possessor, or seller” is:<para num="(1)">a person who has, within the knowledge of the arresting officer, been:<para num="(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</para>
        <para num="(ii)">convicted of violating a substantially similar provision of federal law or such law of any other jurisdiction;</para>
      </para>
      <para num="(2)">a person who displays physical characteristics of drug intoxication or usage, such as dilated pupils, glassy eyes, or “needle tracks”; or</para>
      <para num="(3)">a person who possesses drug paraphernalia as defined in &lt;cite data-doc="Md. Code" data-path="27|287A"&gt;Article 27, § 287A of the Maryland Code&lt;/cite&gt;.</para>
    </para>
    <para num="(b)" heading="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.</para>
    <para num="(c)" heading="Circumstances to consider.">Among the circumstances which may be considered in determining whether such purpose is manifested are:<para num="(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:<para num="(i)">the observable distribution of small packages to other persons;</para>
        <para num="(ii)">the receipt of currency for the exchange of a small package;</para>
        <para num="(iii)">operating as a “lookout”;</para>
        <para num="(iv)">warning others of the arrival of police;</para>
        <para num="(v)">fleeing without other apparent reason upon the appearance of a police officer;</para>
        <para num="(vi)">concealing himself or herself or any object which reasonably may be connected to unlawful drug-related activity; or</para>
        <para num="(vii)">engaging in any other conduct normally associated by law enforcement agencies with the illegal distribution or possession of drugs;</para>
      </para>
      <para num="(2)">information from a reliable source indicating that the person being observed routinely distributes illegal drugs within the drug-free zone;</para>
      <para num="(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;</para>
      <para num="(4)">such person is physically identified by the officer as a member of a “gang” or association which engages in illegal drug activity;</para>
      <para num="(5)">such person is a known unlawful drug user, possessor, or seller;</para>
      <para num="(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);</para>
      <para num="(7)">any vehicle involved in the observed circumstances is registered to:<para num="(i)">a known unlawful drug user, possessor, or seller; or</para>
        <para num="(ii)">a person for whom there is an outstanding arrest warrant for a crime involving drug-related activity.</para>
      </para>
    </para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 19, §58C(c)</annotation>
    <annotation type="History">Ord. 89-375</annotation>
    <annotation type="History">Ord. 90-561A</annotation>
  </section>
</baltimore-city-law>
