Driving in Maryland carries many potential risks. You could become involved in a crash, your vehicle could break down, … or the police could pull you over for a traffic violation and use that stop to find evidence of more significant crimes. In that last scenario, police sometimes overstep their bounds and engage in unconstitutional searches. When that happens, the difference between a conviction and an acquittal (or — even better — a dismissal) may be successfully getting the evidence from that search suppressed. Doing so usually means making a well-timed and well-worded pretrial motion. When it comes to this and other motions, representation provided by an experienced Maryland criminal defense lawyer is often an integral ingredient in a successful defense.
One problem in traffic stop situations is that people do not know their rights and may consent to things that the law gives them the right to refuse. A drug case from Hagerstown is a good example of this, as well as a scenario where the police overstepped.
M.S. was driving when a police officer spotted what, to the officer, looked like M.S. using the cell phone mounted to the front dash. Specifically, the officer testified that it looked like the driver was touching the phone with his right hand as he drove.
One Wise Move… and Some Mistakes
On that basis — and only that basis — the officer and his partner turned on their lights and siren and conducted a traffic stop. The officer asked for M.S.’s license and registration. The driver said he did not have his license but it might be suspended. (If your driving privileges are suspended, telling the police is prudent.)
Next, the officer told the driver the reason for the stop. The driver responded that he was “trying to get a hold of his girlfriend.” Volunteering information is not required and, in some cases, may harm you later if you say too much and admit to something illegal, like texting while driving. The state can potentially use your statement as proof that you violated the law and that the police had justification for the stop.
Because the man’s license was suspended, the police were allowed to tow the vehicle, which they did. Before doing that, they asked the driver for permission to search him and to do an inventory search of the car. (Be aware that the law does not demand that you allow these searches, and you are within your rights to tell the police “no.”)
The driver, however, consented to both searches. Ultimately, the police came away with some brass knuckles, several caps of fentanyl, a vial commonly used to hold crack cocaine, a crack pipe, and a push-rod used for packing drugs into a crack pipe.
Before going to trial, the driver wisely retained legal counsel. At trial, the defense lawyer moved to suppress all the evidence seized in the searches. The defense contended the police did not have the required level of suspicion necessary to make a traffic stop, thus rendering the entire encounter a Fourth Amendment violation and all the evidence the product of illegal searches/seizures.
The Police Did Not Definitively See a Violation in Progress
The appellate court agreed. Both officers testified at the man’s trial that they saw the driver “‘manipulate’ his cell phone.” One said, “I could see the cellphone illuminated when I was behind it, and I saw him pressing the screen while he was driving.”
The problem for the prosecution is that those observations alone were insufficient to justify a stop. Maryland law allows drivers, even while driving, to “initiate or terminate a wireless telephone call or turn on or turn off” a phone. In M.S.’s case, he said he was trying to “get a hold of his girlfriend.” What the officers saw could have been M.S. texting (which is illegal) or could have been the man initiating a phone call (which is legal.) Because the evidence the prosecution presented was as consistent with a legal activity (making a call) as a violation, the officers did not have a valid justification for the stop.
Traffic stop cases are potentially thorny matters. They require a keen eye for detail and in-depth experience with the law and the rules of criminal procedure. If you have been charged based on evidence obtained in a traffic stop, get in touch with the knowledgeable Maryland criminal defense attorneys at Anthony A. Fatemi, LLC. Our team has the diligence and the experience your case needs for success. Contact us today at 301-519-2801 or via our online form to set up your consultation.