Maryland Criminal Attorney -The Supreme Court today in a rare showing of unity among its liberal and conservative members, ruled that the police may not secretly place a GPS monitoring device on a suspect’s vehicle to track his movements without first obtaining a search and seizure warrant. The Roberts Court…
Articles Posted in Search and Seizure
Maryland Cell Phone Ban, A Secondary Offense for How Long?
Although the big news out of Annapolis this session is the likely passing of a ban on Maryland motorists using cell phones while driving, the reality is the bill has little teeth! Under the bill poised to pass, it is unlawful for a motorist on Maryland roads to hold a…
Strip Searches – When Are The Police Allowed to Conduct a Strip Search
Baltimore County Criminal Defense Lawyers/Attorneys deal regularly with issues of illegal search and seizure. Generally speaking the issue in many cases is not so much whether or not the defendant is factually guilty but whether or not the police violated the person’s constitutional rights in the process of investigating an/or…
Drug Possession Case Successfully Defended in Baltimore County District Court – Evidence Suppressed
Maryland Criminal Attorneys who represent defendants who are charged with possession of a controlled dangerous substance need to have a solid understanding of what types of conduct by the police will lead to the application of the exclusionary rule. The exclusionary rule states that in circumstances in which the police…
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…
Standard for Strip Searches Incident to Arrests in Maryland
I recently filed a multi-million dollar case against the Baltimore City Police Department involving an illegal and unwarranted body cavity search. Having received many inquiries since than on the law in this area, I will explain the nuts and bolts of the legality of strip searches in Maryland. The key…
Can the police stop a person based on an anonymous tip in Maryland?
The answer to the question is no. In fact the answer is that the police may not stop a person based on an anonymous tip in any state in the country because the law on this issue comes from a Supreme Court of the United States decision, as opposed to…