§ 26-7 — Considerations

§ 26-7. Considerations.

(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 Article 27, § 287A of the Maryland Code. (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.

(Ord. 90-561A; Ord. 89-375.)