Maryland Criminal & Immigration Lawyer BlogOne 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 Special Appeals overturned a man’s conviction, concluding that the Terry stop in his case was improper. The case is a clear reminder of the limitations of law enforcement’s authority to engage in warrantless stop-and-frisk searches of citizens.
Articles Posted in Drug law
Maryland Man Accused of Drug Crime Allowed to Continue Pursuing Appeal Despite Nol Pros
When you or a loved one are facing criminal charges in Maryland, there may be multiple different outcomes that could count as a successful resolution of your case. Obviously, one outcome is to be declared not guilty. Another is to have the prosecution drop the case against you. So, what do you do when the state decides to drop the charges against you in the middle of your appeal? That was the situation facing one Anne Arundel County man recently, and his case points the differences between the different ways your case can be resolved, and the relative advantages of each.
Maryland Court Throws Out Drug Convictions When State Asserted Multiple Charges Based on One Conspiracy
One of the things about which people on trial must concern themselves is being overcharged by the prosecution. That’s what happened to one inmate charged with multiple crimes for his part in bringing marijuana into a jail. Since the state only had proof of one agreement to move the drugs, the man could be guilty of only one conspiracy. The man’s conviction on two drug conspiracy charges led the Court of Special Appeals to vacate one of those convictions.
Maryland’s High Court Considers the Impact of New Marijuana Law on Fourth Amendment Search Cases
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 no more probable cause than the mere perception of the smell of marijuana. While the Court of Special Appeals had generally upheld searches based upon detecting the odor of marijuana, even after the law took effect, the Court of Appeals has taken up the issue, hearing oral arguments on a case contesting the convictions of three men convicted under these circumstances.
How Ambiguity Regarding a Police Search Can Get Evidence Excluded in a Maryland Criminal Trial
A man who was convicted of a drug crime took his case all the way to Maryland’s highest court to seek a reversal of his conviction. In this man’s case, the problem with the state’s case was that the prosecution lacked clear proof that the marijuana-odor evidence that was at the heart of its case was obtained through a legal police search. In cases in which the evidence is unclear regarding whether a police search was legal or an illegal Fourth Amendment violation, the court must resolve that uncertainty in favor of the accused person.
Maryland Judge’s Declaration Without Defendant Present Prevents Retrial on Drug Charge
When you are facing a criminal trial, the U.S. and Maryland constitutions give you certain clear rights. One of these is the right to be present at your trial. When a court violates your rights, the law may give you certain options as a result of this constitutional violation. In the case of one man arrested in Montgomery County, a judge’s decision to declare a mistrial on a drug charge while the man was involuntarily away from court due to a medical emergency resulted in jeopardy attaching. This meant that the man’s constitutional protection against double jeopardy prevented him from facing another trial on that charge, according to a recent Maryland Court of Appeals ruling.
Maryland Man’s Conviction Overturned Because Police Conducted Illegal ‘Frisk’ Search
Maryland’s highest court recently threw out the drug and gun possession conviction of a man, due to the lack of reasonable suspicion on the part of the officers who searched him. The Fourth Amendment requires that law enforcement officers have a reasonable degree of suspicion before they can search your person. Simply being out late at night in a high crime area and responding to a police stop by behaving nervously and awkwardly are not, by themselves, sufficient to give officers the required level of suspicion needed to frisk occupants of a vehicle with a broken taillight.
Maryland Court Reviews Issue of First Impression in Marijuana Possession Case
As a general rule, under the Fourth Amendment to the United States Constitution, citizens are protected from “unreasonable searches and seizures.” In order to conduct a search, a law enforcement officer is required to obtain a court-issued warrant. As with most legal provisions, courts have interpreted the Fourth Amendment in many cases throughout our country’s history. In one such case, the U.S. Supreme Court carved out an exception to the warrant requirement known as the “automobile exception” or “Carroll doctrine,” which has been applied to criminal cases brought in Maryland courts. It is important for anyone who has been arrested or charged with a crime to make sure that the State did not violate protected constitutional rights in the process of obtaining evidence. An experienced Maryland criminal defense attorney would be able to assess your case to determine which defenses you may be entitled to assert.
Maryland Legislators Propose Sweeping Reforms to Criminal Justice System
Maryland’s criminal justice system may seem complicated and intimidating to a person who has been arrested or charged with a crime. It is important to remember, however, that you may be able to assert any number of valid defenses. For instance, there exist both substantive and procedural criminal defense strategies. Substantive defenses are aimed at negating an element of the crime (e.g., lack of intent), while procedural defenses focus on the circumstances surrounding the investigation of the alleged crime. For example, law enforcement activities must follow established legal procedures and any investigation may not violate an individual’s constitutional rights. For these reasons, anyone arrested or charged with a crime is strongly encouraged to contact an experienced Maryland criminal defense attorney as soon as possible.
Despite the availability of various defense strategies, keep in mind that many crimes, whether categorized as a felony or a misdemeanor, carry a statutory minimum sentence. With respect to certain drug-related offenses, critics have argued that minimum sentences often exceed the nature of the crime, result in prison overcrowding, and waste taxpayer dollars. In an effort to address these concerns and many others, Maryland Governor, Larry Hogan, recently announced recommendations by the Justice Reinvestment Coordinating Council. According to the Governor’s press release, the recommendations are intended to safely reduce Maryland’s incarcerated population, control corrections spending, and reinvest in more effective, less expensive strategies to reduce recidivism and increase public safety.
Maryland Court Denies Motion to Suppress – Affirms Finding of Probable Cause
In Maryland, and in states throughout the country, people are entitled to legal protections under the Fourth Amendment – namely, to be free from illegal searches and seizures of their person, homes, papers, and effects. When a person is arrested or charged with a crime, it is vitally important that the evidence forming the basis for the arrest was obtained in a legally permissible manner. That is, law enforcement officials are required to adhere to the law when executing a search and seizure of a person or property. Any evidence obtained via an unreasonable or illegal search and seizure may be suppressed (not used against the person charged with the crime). There are many defenses one can raise in a criminal case, depending on the circumstances. You are encouraged to contact an experienced Maryland criminal defense attorney as soon as possible if you have been arrested or charged with a crime.
In a recent Maryland criminal case, a circuit court issued a search and seizure warrant for the appellant’s apartment, based on an affidavit provided by a Baltimore City Police Officer. The basis for the affidavit included assorted information from confidential informants, provided by an acquaintance of the appellant, and discovered through an on-going police investigation. Officers executed the warrant and searched the appellant’s apartment. The search began with a positive alert from a K-9 dog in the area in front of the appellant’s apartment door. Once the officers entered the apartment hallway, they found large quantities of heroin and drug paraphernalia.