Community members packed the Montgomery County Council chambers in Rockville earlier this week to testify both for and against controversial proposed legislation that aims to limit some police searches in an effort to curb racial disparities.
Those who spoke in favor during the two-hour Tuesday night council hearing said they consider the proposal as a necessary step toward police reform while others said enacting it would supersede officers’ authority.
The Freedom to Leave Act, sponsored by councilmember Will Jawando (D-At-large), would prohibit consent searches of a motor vehicle or person by a police officer. A consent search occurs when a law enforcement officer searches a person or their vehicle after obtaining verbal consent from the individual being searched.
Jawando introduced the bill after Maryland’s attorney general had determined that his previous effort, the STEP Act, conflicted with state law. A vote on the legislation has not been scheduled.
Jawando introduced the STEP Act in February 2023. The legislation would have limited the reasons that county police could stop motorists and pedestrians. If it had gone forward, a police officer would not be able to stop a motorist for driving with a headlight or taillight out; brake lights out; licenses, registration, or insurance not being up to date; having tinted windows; or other minor offenses. Officers would be allowed to pull motorists over if none of the headlights or taillights are working.
Those offenses could be considered secondary offenses, but not primary offenses—meaning that officers can write a ticket for the offenses, but that they cannot be the main reason officers pull someone over.
But Maryland Attorney General Anthony Brown wrote in a Sept. 15 opinion that state law designates the violations the bill would consider secondary offenses as primary offenses—and no local law can override the state’s designation.
However, Brown wrote, some parts of the original STEP Act do not conflict with state law. For example, a provision that would limit the reasons an officer can search a car would not be preempted by the Maryland Vehicle Law. This led to the revised Freedom to Leave Act.
Supporters of the legislation told the council the bill is a necessary step toward reducing negative interactions between police officers and people of color.
According to a 2021 Montgomery County Office of Legislative Oversight report, Black and Latino drivers in the county are stopped at higher rates than white drivers for lower-level traffic violations, such as minor traffic infractions, registration issues or equipment issues such as a broken headlight or taillight.
“Consent searches are not truly consensual,” Diane Owens, a Montgomery County assistant public defender, testified. “When stopped by law enforcement, drivers and other individuals inevitably feel undue pressure to consent and then enjoy the humiliation of the search of their vehicles or their person in public that often yield nothing incriminating.”
Ndhili Jones, a lifelong county resident, shared his experience of being searched without his consent. He said he was pulled over by police last week on I-270 for traveling 15 mph over the posted speed limit. He said he admitted to the officers that he had been speeding and apologized, but alleges he was accosted by multiple officers who insisted on using police dogs to search his car for drugs. He said he repeatedly said no, but the officers still searched his car and did not find any drugs.
“I’m not saying all police are bad,” Jones said, “…but I support this bill because I don’t think you should be forced into being searched.”
Amyra Hasan, a community organizer with Young People for Progress, a social justice organization based in the county, said consent searches represent a power imbalance for those subject to the search, particularly young adults.
“They may not fully understand their rights or the long-term implications of their decisions … they may feel pressure to appease the officer,” Hasan said. “This pressure can be compounded by a young person’s race, language barriers, disability or LGBTQ identity. These factors are what make up the inherently unequal power dynamic between the officer and a civilian.”
But critics said they are concerned the proposed change could lead to more crime in the county, which is already dealing with an increase in reports of violent crime.
“We are no longer a peaceful suburban community where crimes are relatively rare,” Silver Spring resident Aaron Droller said. “The police need every tool available to them to keep us safe.”
Lee Holland, president of the county police union Fraternal Order of Police Lodge 35, has been vocal about his opposition to the proposed legislation.
“Consent searches serve as a critical tool in advancing public safety by enabling law enforcement officers to detect and seize illegal firearms and narcotics throughout our county,” Holland told the council.
County resident Mike Disler, who said a relative was the victim of a violent crime, said he objects to the legislation because consent searches are a valid tool for the police to use. He noted the county’s struggles to recruit officers.
“Does the rationale underlying [the bill] contribute to the [police] staffing crisis that has festered in this county?” Disler said. “I believe this mistrust of the police’s function is inimical to the safety of county residents.”