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Articles Posted in Guns

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Suspicious Bulges, Reasonable Suspicion, and the Boundaries of a Permissible ‘Stop and Frisk’ Under Maryland Law

In 1968, the U.S. Supreme Court decided the case of Terry v. Ohio, which declared that police officers can stop and frisk targets without violating that person’s Fourth /amendment rights if the officer has reasonable suspicion for making the stop and conducting the frisk. Today, police officers frequently obtain incriminating…

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Excluding Unqualified Experts and Inadmissible Expert Testimony in Your Maryland Criminal Trial

Expert witnesses can make a huge difference in the outcome of a criminal trial. The law only allows experts to testify if their opinions are outside the general knowledge of an ordinary juror. In other words, they are probably opining about something scientific and/or technical outside the jury’s general familiarity…

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How a Rapper’s Trial in Georgia May Fuel a Change in Evidentiary Standards in Maryland Criminal Cases

The “rules of the game” in criminal trials are constantly evolving to one degree or another. New decisions from the Appellate Court or Supreme Court — as well as new laws from the legislature — can impact an array of issues relevant to criminal cases, including things like what constitutes…

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Some Tips About What You Should Do — and Should Avoid Doing — in a Maryland Traffic Stop

Generally, this blog discusses court cases where the accused person obtained a favorable result in the Appellate Court or the Supreme Court. L.B. from Baltimore was not one of those people. Nevertheless, we spotlight his case because his actions provide a list of “what not to do” in a traffic…

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How a Search of Your Social Media Accounts Can Become a Fourth Amendment Violation

Some things that are ubiquitous parts of our lives today probably would’ve seemed unimaginable 40, 30, or even 20 years ago. That includes developments like smartphones and social media. As technology evolves, so do the methods law enforcement officers use to pursue criminal suspects. Just as with anything else, though,…

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What the ‘Statement Against Interest’ Hearsay Exception Does — and Doesn’t — Allow in a Maryland Criminal Trial

The rules of evidence say that a party may not use hearsay to prove their case (or disprove the other side’s case,) unless that hearsay evidence falls within one or more of several exceptions laid out in the rules. Parsing these exceptions — and keeping potentially harmful evidence that falls…

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Suspicious Bulges, Unusual Walking Gaits, and What Does (or Does Not) Qualify as Reasonable Suspicion in Maryland

Courts, as well as the legal community, are keenly aware of the challenging job that police officers have, Officers daily make split-second decisions while seeking to keep the neighborhoods they serve safe. They also, however, are charged with “respecting the dignity and Constitutional rights of persons they confront.” Sometimes, even…

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‘Search Incident to an Arrest’ Versus ‘Arrest Incident to a Search’ and Why the Difference Can Be So Important to Your Criminal Defense in Maryland

This blog spends a lot of time talking about police searches. That’s no accident. A lot of arrests and criminal trials arise because the police stopped somebody, searched them, then found something on them that the state uses as the basis for a prosecution. One of the biggest keys to…

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Illegal Seizures, Your Fourth Amendment Rights, and the Suppression of Evidence in Your Maryland Criminal Trial

The Fourth Amendment to the United States Constitution says that the “right of the people to be secure… against unreasonable searches and seizures, shall not be violated.” This is one of the most important rights guaranteed in the Bill of Rights, especially if you are someone on trial for a…

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The Constitutional Right to a ‘Speedy Trial’ and What That Right Means for You in Maryland

The Sixth Amendment gives each person accused of a crime the right to receive a “speedy trial.” This very general right means some very specific things here in Maryland. The prosecution and the courts have some strict deadlines they are required to meet or else you can use that delay…

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