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Articles Posted in Illegal Search And Seizure

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Franks Hearing is Key to Attacking Search Warrant

Aggressive Maryland criminal defense attorneys know that the best way to attack a search warrant is by attacking the affidavit in support of the warrant. This is commonly referred to as a Franks Hearing. In Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), the Supreme…

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Is Legal for to Conduct a Strip Search After Arrest on Traffic Charges?

Maryland Criminal Attorney Brian Thompson successfully defends client charged with Possession with Intent to Distribute Cocaine. The issue in this case was whether or not the police can conduct a strip search on a person who is arrested for a traffic violation. In Maryland, the police have the discretion to…

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What is “constructive possession” of a handgun or a controlled dangerous substance?

Maryland Criminal Attorney What exactly does it mean to be in “constructive possession” of contraband such as drugs or illegal weapons in Maryland? I was faced with this fairly common legal issue in a case in the District Court for Baltimore County in Catonsville this week. The facts of the…

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Can a police officer pull a vehicle over for having an inoperative center brake light in Maryland?

Maryland Criminal Attorney I had this issue in a case in the District Court in Baltimore City today. (The case was ultimately postponed so I will have to update the blog regarding the disposition of case). The facts of the case are that a police officer was travelling behind my…

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Maryland Criminal Attorney discusses the frisk component of the Terry stop based upon reasonable articulable suspicion

Maryland Criminal Lawyer Maryland Criminal Attorney – Baltimore Criminal Lawyer – Baltimore Criminal Attorney. I had an interesting stop and frisk case today in the Baltimore City Circuit Court. I was prepared for trial today but unfortunately the case was postponed because the Assistant State’s Attorney was in trial on…

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Update of Possession with Intent to Distribute Marijuana Case involving Confidential Informant

Maryland Criminal Attorney Last month I blogged about a Possession with Intent to Distribute Marijuana Case that I was handling in the Circuit Court for Baltimore City that involved a Confidential Informant. I wrote that in many cases involving the Possession with Intent to Distribute Marijuana, Cocaine, Heroin or other…

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Confidential Informants – When the Government must disclose their identity?

For a Maryland Criminal Attorney it is imperative to understand the law regarding the use of confidential informants by police and prosecutors. There are generally two issues when dealing with confidential informants: The first issue is does the confidential informant provide sufficiently detailed information about which he or she can…

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Illegal Search and Seizure and other Constitutional violations leading to Suppression of Evidence under Maryland Law

Maryland Criminal Attorney – Maryland Criminal Lawyer – Baltimore Criminal Attorney – Baltimore Criminal Lawyer In all criminal cases there are basically two types of defenses: legal defenses and factual defenses. Legal defenses are common in possession with the intent to distribute narcotics cases, rape, robbery, murder and burglary cases,…

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