Appellate Court of Maryland Opinion to Curb Police “Stop and Frisk” Policies

Court limits police authority to stop individuals based solely on firearm possession post New York State Rifle & Pistol Association v. Bruen decision.

A recent decision from the Appellate Court of Maryland carries policy implications for law enforcement agencies across the state. In Steven Hicks v. State of Maryland, the court held that police officers may no longer stop an individual based solely on the belief that the person is carrying a handgun. Instead, officers must have reasonable suspicion that the firearm is being possessed unlawfully or that the individual is engaged in other criminal activity before initiating an investigatory stop. The ruling reflects the evolving legal landscape following the U.S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which recognized a constitutional right to carry a handgun for self-defense outside the home.

The recent opinion stems from a 2023 encounter in Baltimore, where officers stopped Steven Hicks after observing what appeared to be a handgun beneath his clothing. Hicks informed officers that he possessed a valid handgun permit, but officers detained and searched him anyway, discovering narcotics and a second firearm. Although Hicks ultimately pleaded guilty after the trial court denied his motion to suppress the evidence, the Appellate Court reversed that decision, concluding that the initial stop violated the Fourth Amendment because it was based only on the apparent possession of a handgun. The court emphasized that carrying a firearm is now presumptively lawful, and that the possibility a person may lack a permit is no longer enough, by itself, to justify a stop.

While the decision narrows when officers may initiate a stop, it does not eliminate important officer safety protections. The court reaffirmed that when police have a lawful basis to stop an individual, officers may still conduct a limited frisk if they reasonably believe the person is armed. For county governments, sheriffs’ offices, and county police departments, the ruling may prompt updates to training, policies, and constitutional policing practices as agencies adjust investigative procedures to align with the court’s interpretation of both the Second and Fourth Amendments.

A 2026 MACo Summer Conference session, “Beyond the Bench: Legal Shifts Shaping Local Government” will cover more legal changes and standard shifts affecting local governments on Thursday, August 13, 2026; 3:30 pm – 4:30 pm. MACo’s Summer Conference, “Build What’s Next,” takes place August 12–15, 2026, at the Roland Powell Convention Center in Ocean City, Maryland. For more information, visit the conference website.

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