Drug law

How a Search of Your Social Media Accounts Can Become a Fourth Amendment Violation

August 11, 2023 | by Anthony A. Fatemi, LLC

Some things that are ubiquitous parts of our lives today probably would’ve seemed unimaginable 40, 30, or even 20 years ago. That includes developments like smartphones and social media. As technology evolves, so do the methods law enforcement officers use to pursue criminal suspects. Just as with anything else, though, a search of a social media account has the potential to represent a violation of the accused’s Fourth Amendment rights if it wasn’t backed by a valid search warrant. When it comes to getting illegally obtained evidence suppressed (whether that evidence was housed in something as old-fashioned as a bedroom closet or as modern as a TikTok account,) having representation from an experienced Maryland criminal defense lawyer often can enhance your chances of success.

Many times, this blog covers criminal issues arising from the Maryland courts. Today, we look at a federal criminal case for its insight into police searches of social media accounts.

According to federal prosecutors, T.R. was a member of the Cruddy Conniving Crutballs (a/k/a “Triple C,”) a Baltimore street gang. In the spring of 2021, federal prosecutors charged T.R. and 14 alleged Triple C members with various racketeering, conspiracy, drug, and gun crimes.

What the ‘Statement Against Interest’ Hearsay Exception Does — and Doesn’t — Allow in a Maryland Criminal Trial

July 27, 2023 | by Anthony A. Fatemi, LLC

The rules of evidence say that a party may not use hearsay to prove their case (or disprove the other side’s case,) unless that hearsay evidence falls within one or more of several exceptions laid out in the rules. Parsing these exceptions — and keeping potentially harmful
evidence that falls outside these exceptions out of your trial — is a place where having an experienced Maryland criminal defense lawyer can be vital. Because any criminal trial can come down to what the jury hears — and what they don’t — winning these battles is crucial.

One of those exceptions is something called a “statement against interest.” Maryland Rule 5-804(b)(3) says that hearsay may be admissible if it “so tended to subject the declarant to civil or criminal liability, . . . that a reasonable person in the declarant’s position would not have made the statement unless the person believed it to be true.”

That exception was at the center of a recent drug case from Salisbury. In that case, the Wicomico County Sheriff’s Office raided a home in the early morning hours and recovered 69 bags of suspected crack cocaine, 98 suspected bags of heroin, 17 rounds of .40-caliber ammunition, a digital scale, and six cell phones.

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.

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.

Maryland’s Court of Special Appeals Reverses a Manslaughter Conviction in the Case of a Man Who Gave Heroin to a Friend Who OD’ed

March 10, 2022 | by Anthony A. Fatemi, LLC

Sometimes, a criminal trial can be cold and clinical. Did the defendant take a smartphone from the electronics store or not? Did she intend to permanently deprive the store of the phone or not? Other cases, though, can be more emotional. When you’re on trial in a case like that, you need an experienced Maryland criminal defense lawyer who can cut through all that emotional content and frame for the jury what really matters — the facts and the law.

The death of a man, C.T., in Worcester County in 2015, was something that led to a felony case that likely triggered a range of emotional reactions.

Medical examiners concluded that C.T. died of a heroin overdose. Police located the deceased man’s cell phone, which contained an extensive string of text messages between him and another man, R.S., in which the pair discussed drugs and getting high. The police then interviewed R.S., who admitted that he had purchased heroin and brought it to C.T.’s home. The pair had injected themselves with heroin and C.T. lost consciousness. R.S. found his friend not breathing and without a pulse. He then “freaked out” and left the home.

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.

The Constitutional Right to a ‘Speedy Trial’ and What That Right Means for You in Maryland

July 9, 2021 | by Anthony A. Fatemi, LLC

The Sixth Amendment gives each person accused of a crime the right to receive a “speedy trial.” This very general right means some very specific things here in Maryland. The prosecution and the courts have some strict deadlines they are required to meet or else you can use that delay as the basis to get the charges against you thrown out. Whether you need to pursue a speedy trial motion or engage in other procedural maneuvers to protect your rights, the requirements for doing so may be intricate, detailed, and exacting, which is why you should rely on the skills and knowledge of an experienced Maryland criminal defense attorney.

Statutory law in Maryland says that, absent a good reason, your criminal case has to be brought to trial within 180 days. The starting point of that 180-day time period is the earlier of the first time you are brought before the judge or the first time your attorney appears in court to state his/her representation of you in the case.

Sometimes, the procedural tactics of the prosecution can impact that speedy trial deadline, as one recent case illustrated. The accused, S.W., was arrested and charged with various drug and firearm offenses. The grand jury indictment, in that case, occurred on Sept. 18, 2018. After the state later discovered fentanyl in the drugs, the prosecutors dismissed all the charges in the first indictment. The grand jury returned a second indictment on Jan. 22, 2019, that added four new counts covering the fentanyl.

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.

How Misconduct By the Police Who Arrested You May Get Your Maryland Conviction Vacated, Even if the Misconduct Was Unrelated to Your Case

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

There are actually several different ways that your Maryland criminal conviction can be tossed and, believe it or not, some of them may start with an action taken by prosecutors. Sometimes, after you’ve been tried and sentenced, prosecutors may discover evidence that has a clear connection to you and is adverse to the state’s case against you. They may file a request to have the court vacate your conviction. Is that surprising? What may be even more surprising to you is that, even when this happens, you still need to be sure that you have a skilled Maryland criminal defense attorney working for you. You see, just because the state asks to have the conviction vacated doesn’t automatically mean the judge automatically will vacate your conviction.

So, you may be wondering, “how does this whole process work?” A recent drug case is a good illustration. In that case, Baltimore police officers executed a search warrant on April 1, 2016. After they completed their search, they arrested A.W. The state charged A.W. with an array of crimes, including cocaine charges, heroin charges, drug paraphernalia charges, conspiracy, and assault.

The accused man eventually pled guilty to one charge of possession with intent to distribute heroin.