Warrantless Search

When a Legal Traffic Stops Being Legal: Unconstitutional Seizures Under Maryland Law

February 7, 2023 | by Anthony A. Fatemi, LLC

The phrase “mission creep,” which pertains to “the gradual broadening of the original objectives” beyond a task’s original scope, goals, or focus, originated in military circles but has been adopted by much of the business world. A type of mission creep can occur in a police traffic stop, as well. While mission creep in business may cost time or money, mission creep in a traffic stop may cost the suspect his/her constitutional rights. If you were arrested because the police stretched the boundaries of their interaction with you beyond what the law allows, then an experienced Maryland criminal defense lawyer may be an essential part of getting evidence seized in that stop suppressed.

These sorts of movaing-target traffic stops are regrettably common. A recent drug case from Carroll County shows how a person’s rights can be violated.

On Aug. 11, 2020, a Carroll County sheriff’s deputy was conducting a traffic patrol of Route 140 in Finksburg. Shortly after noon, the deputy observed a car with two men in the front seat both of whom “sat stiff as a board” while avoiding making eye contact with the deputy. Thinking this suspicious, the deputy began following the vehicle to “look for a motor vehicle violation.” The deputy soon thereafter pulled them over for an unsafe lane change.

What You Can Do If You Gave the Police Consent to Perform a Search (and You Arguably Shouldn’t Have)

December 9, 2022 | by Anthony A. Fatemi, LLC

Sometimes, in interacting with law enforcement, you may make mistakes. Maybe you said something you shouldn’t have. Maybe you gave the police consent to search when you should’ve declined. Be aware that, even if you made a tactically less-than-ideal choice, there often are still ways to mitigate the damage and protect your rights. An experienced attorney will know how, which is why retaining a knowledgeable Maryland criminal defense lawyer as soon as possible is vital.

A recent criminal case originating in Anne Arundel County illustrates what we mean.

It began with a knock on the door of D.M.’s home. Law enforcement officers questioned D.M. about a suspected upload of illegal content. D.M. signed a written consent allowing law enforcement to search his electronic devices. They collected his devices and, within a few days, made a “mirror-image” copy of his laptop computer’s hard drive.

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

November 9, 2022 | by Anthony A. Fatemi, LLC

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 skillful officers acting in good faith can step over the line and stop and/or search someone without a proper legal basis. When that happens and criminal charges come from that stop, knowledgeable Maryland criminal defense lawyers are here to vindicate the rights of those accused people.

This is especially true in neighborhoods that are home to high levels of crime, as a recent weapons case from Southwest Baltimore demonstrates.

Two city police officers, while on foot patrol in a high-crime area, spotted a man who they thought was acting suspiciously. Essentially, what they knew was this: the man, L.B., walked with his right arm swinging “freely” while he kept his left arm “braced against his side.” While the man was inside a convenience store, they spotted a “bulge in the front of his waistband.”

When a Police Stop in Maryland is — and Isn’t — Consensual, and What that Difference Means for Your Fourth Amendment Rights

April 22, 2022 | by Anthony A. Fatemi, LLC

As we noted earlier this month, many drug arrests start as traffic stops. In addition, a lot of drug arrests stem from encounters where the police stop an individual and eventually engage in a search of that individual’s person. Unless the interaction was completely voluntary (such as a situation where the police informed you that you were free to leave,) that stop may implicate your Fourth Amendment rights, and any evidence obtained in that search may be illegally obtained if the police lacked the required degree of reasonable suspicion or probable cause. Contesting illegal searches and getting illegally obtained evidence suppressed is often a key component of success in criminal defense, especially in weapons or drug cases. Having the right Maryland criminal defense lawyer on your side is an essential part of maximizing your chances of success in this type of motion.

A drug case from last year involving a search conducted at a shopping mall highlights many of the considerations involved in this kind of case. The incident began when two local police detectives patrolling the Brooklyn Park Shopping Plaza noticed a man, A.G., who had been banned from the plaza based on suspected drug dealing.

When they caught up to A.G., D.S. was standing at his side. The detectives asked to search A.G. and he consented. At that point, D.S. volunteered to allow the detectives to search his pockets. During the latter search, police discovered an object beneath one of the teen’s pockets. Upon further searching, the police found 26 vials of crack cocaine.

Backpacks, Drug Arrests Pursuant to Traffic Stops, and the Constitution’s Protections Regarding Warrantless Searches

April 8, 2022 | by Anthony A. Fatemi, LLC

Many drug “busts” by police officers start as traffic stops. While most are conducted within the bounds of the law, a substantial percentage of them are not. In those instances, the pulled-over driver is subjected to a search and/or seizure that violates constitutional protections. When that happens, the search is illegal and the evidence obtained is subject to suppression in any ensuing trial. To get that evidence suppressed, though, you’ll need to make a motion and win an argument before the judge. When it comes to doing this (and all the other essential tasks of a criminal defense) successfully, make sure you’ve got the right Maryland criminal defense lawyer on your side.

As an example, there’s this drug case upon which the federal Fourth Circuit Court of Appeals (which covers Maryland, the Carolinas, and two other states) recently ruled.

The minor traffic violation, in this case, was tinted windows. A local police officer stopped H.D., suspecting that the man’s windows were illegally dark. While the officer was speaking with backup officers who had arrived subsequently, the suspect drove away.

‘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

January 24, 2022 | by Anthony A. Fatemi, LLC

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 avoiding that conviction often is showing that the police had no right to stop you in the first place, which means none of the evidence they obtained in that search is usable against you. This essential attack is one of the many areas where having the right Maryland criminal defense lawyer on your side can make all the difference.

Take, for example, the criminal prosecution of D.S. in Prince George’s County. D.S., a Washington, D.C. man, was hanging around four other men and a dice game in Brentwood. Officers in marked vehicles approached. An officer asked the men if they had “anything illegal” on them. D.S. indicated that he had roughly one ounce of marijuana in his possession.

The officer then did a pat-down search. At that time, he found a gun in D.S.’s waistband. Based on that interaction, the state charged D.S. with several gun charges and also possession of marijuana.

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

December 8, 2021 | by Anthony A. Fatemi, LLC

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 crime. This right may give you vital tools you can use as part of your defense, such as seeking the suppression of evidence obtained without a warrant. If you’re under investigation or on trial for a crime in this state, you should act immediately to retain an experienced Maryland criminal defense lawyer who can help you in the protection of your rights.

When people think about the rights guaranteed by the Fourth Amendment, they generally will think of “unreasonable searches.” However, the other right ensured within that text – protection against unreasonable seizures – is every bit as important.

Many times, the evidence the police obtained was something they got by first engaging in an illegal seizure. Such was the case recently for one man from Prince George’s County on trial for a gun charge.

Can the Police Make a Traffic Stop in Maryland if You’re Driving in an Unusual, But Not Illegal, Manner?

October 8, 2021 | by Anthony A. Fatemi, LLC

If you’re familiar enough with policing, you know that a significant number of criminal arrests start out as traffic stops. Some law enforcement officers, armed only with their own intuition, will do their very best to concoct a reason to make a traffic stop because they believe they can get substantial proof of a crime… if they can just get you pulled over. Many times, though, these kinds of traffic stops are violations of the Fourth Amendment. If you’ve been arrested as a result of an improper traffic stop, you may be able to get all the evidence the police seized tossed, but you’ll have to win a suppression argument to do it. When it comes to this and other critical elements of your criminal trial, make sure you have the legal representation you need from an experienced Maryland criminal defense lawyer.

Most people are aware of the broad stereotype that people under the influence of marijuana drive very slowly. Comedic actor Tommy Chong once remarked, “Everybody worries about driving when you’re stoned. No! Not gonna hurt anybody going five miles an hour!” Law enforcement officers are aware of this, too.

As a recent drug crimes case demonstrates, though, just driving very slowly down a highway does not, by itself, amount to the required degree of “reasonable articulable suspicion” that the constitution requires in order for a police officer to make a traffic stop.

Procedural Errors by the Police and What They May Mean to Your Maryland DUI or DWI Case

June 10, 2021 | by Anthony A. Fatemi, LLC

If you are pulled over because the police suspect that you were driving drunk, you face an array of potential outcomes, and many of them are not good. Sometimes, though, the police may make procedural errors in the conduct of your investigation and/or arrest, and those errors may allow you to obtain a lesser punishment or to get the charges dropped entirely. If such an opportunity exists, a Maryland criminal defense lawyer knowledgeable about DUI and DWI law can help you put on the strongest possible defense.

There are actually multiple different ways in which a DUI arrest can go awry procedurally. J.D.’s case, while occurring outside Maryland, makes for a good illustration. J.D., while allegedly driving drunk, lost control of her Ford Mustang and hit another car. One of the passengers in that other car died. A state trooper allegedly noticed that J.D. smelled of alcohol, slurred her speech, had bloodshot eyes, and also was unable to perform field sobriety tests successfully.

Eight law enforcement officers responded to the crash scene, but none of them contacted either the “on-call” prosecuting attorney or a judge concerning obtaining a search warrant. Instead, a trooper took J.D. to a nearby hospital for an involuntary blood draw. (The driver had twice refused requests for a voluntary blood test.) The test result was .130 and was a key piece of evidence in her DUI manslaughter case, which resulted in a conviction.

What the ‘Community Caretaking’ Exception Is and How You Can Overcome Its Attempted Use by Prosecutors in Your Maryland Criminal Case

March 19, 2021 | by Anthony A. Fatemi, LLC

When you are on trial for drug crimes or weapons charges, there’s a realistic chance that the primary evidence the state intends to use against you was obtained by a police search conducted without a warrant. The state will inevitably attempt to argue that the evidence is admissible under one or more of the exceptions to the general rule against warrantless searches but, sometimes, that argument is deficient, and there is no constitutionally permissible basis for the warrantless search in your case. When that happens, it is critical to have a skillful Maryland criminal defense attorney on your side to get that evidence excluded from your case.

One of the exceptions to the rule against warrantless searches is something called the “community caretaking” exception. This exception recognizes that the police wear multiple hats. Not only do their job duties include obtaining evidence to use against criminal suspects, but also ensuring public safety. It is important to recognize, however, that a police officer’s public safety duties do not give them carte blanche to do whatever they want in terms of conducting a search. If they do a search that goes beyond what is necessary to ensure safety, then the exception will not cover the evidence they find.

A recent drug case from Frederick was a good example. A police officer responded to an apartment building at 2:00 a.m. after a 911 call and a potential domestic disturbance. In the apartment, the officer encountered a man and a woman. Later, a second officer arrived as back-up. At that time, the woman disclosed that her children were in the apartment.