Police many times strive to create situations in which they can conduct a search of your vehicle in order to obtain additional evidence… and possibly additional charges. The problem for the police is that they cannot search just anyone’s car. They need either to have a search warrant for that…
One of the ways that police seek to obtain evidence to use against suspects is through performing warrantless searches. A warrantless search may allow the police to recover drugs, weapons or other objects that lead to an arrest. Fortunately, the constitution does not allow the police to conduct warrantless searches…
Law enforcement officers may stop your moving vehicle or approach your parked vehicle for a variety of reasons. While many of those reasons are legal and appropriate, sometimes they’re not. When you’re involved in an illegal search and seizure and that encounter ends with your arrest, then the law says…
Many times, changes in the law are reflections of changes in society. That can be true both in case law and in statutory law. The landmark 2015 U.S. Supreme Court decision that said that all same-sex couples have a fundamental right to marry is an example of the former. The…
Most police officers are ethical people who try to uphold the law within the confines of the rules that the constitution and the law have created. However, whether an officer is a “good” cop or a “bad” cop, the officer has the potential to make mistakes, to go outside the…
In many criminal defense cases, the difference between a conviction and an acquittal can come down to what evidence got presented to the jury, and what evidence did not. In that regard, one of the more important parts of your criminal defense can be your request that asks the judge…
Most people, including non-lawyers, are aware that the Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures. A non-lawyer, including even a very knowledgeable one, however, might not be aware of what a “Terry stop” is and what that phrase can potentially mean with regard to a…
In many criminal cases, especially ones involving drug charges, one of the most important issues is the collection of evidence by the police and compliance with protections guaranteed by the U.S. and Maryland Constitutions. In a recent case of a driver stopped for a non-functioning tail light, the fact that…
One of the most important tools in a police officer’s arsenal of law enforcement techniques is what’s called a Terry stop. However, one of the law enforcement techniques that is the most susceptible to misuse is the Terry stop. In a recent drug case from southeastern Maryland, the Court of…
When the General Assembly passes new laws that affect the criminal statutes, those changes can potentially have wide-ranging effects. As one example, the legislature’s law decriminalizing small (<10 grams) quantities of marijuana has led some to question whether a law enforcement officer can still conduct a warrantless search based upon…