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Recent Development: Sellman V. State: Absent Additional Circumstances, Consent To A Vehicle Search In A High Crime Area Does Not Create Reasonable Suspicion To Justify A Terry Frisk Of A Passenger Who Displays Nervous Behavior; Theft From A Vehicle Does Not Automatically Infer That An Individual Is Armed, Ashley N. Simmons
University of Baltimore Law Forum
The Court of Appeals of Maryland held that, under the totality of the circumstances, a law enforcement officer did not have reasonable suspicion to conduct a Terry frisk of a passenger during a traffic stop. Sellman v. State, 449 Md. 526, 544, 144 A.3d 771, 782 (2016). The court ruled that a police department policy authorizing officers to conduct Terry frisks based on consent to search a vehicle violates the Fourth Amendment. Id. at 557, 144 A.3d at 790. The court further held that the crime of theft from vehicles does not imply the possession of a deadly weapon. Id. …