§ 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.

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.