Depending on the state constitution, it may not.
Here’s the other side to this.
Baltimore PD has been using this interpretation for how long?
Supported by who? The District Attorneys office who has prosecuted the cases.
If this was the legal action at the time, supported by training and prosecutions, they are going to have more than a hard time going back and saying it was illegal.
They have set precedent previously.
And if the officers training and policy/procedures have this in them, the officers are off the hook and the department and DAs office is.
Again, if they were following department policy and procedures, the blame falls on other shoulders.
The laws may be changed tomorrow, but they can’t change them retroactively to fit the will of a lynch mob.