In many criminal defense cases, one of the most important aspects of the case may be getting (or failing to get) evidence excluded. One way in which you may be entitled to suppression is if the police stopped you but did not have a reasonable suspicion to do so. One circumstance in which that can happen is when the description of the suspect the police use contains only a race and very general descriptive information. Arguing successfully these types of Fourth Amendment issues is something that can often benefit from the skill of an experienced Maryland criminal defense attorney.
A recent case involved a robbery in Gaithersburg. As is normal, dispatch sent out a call about the robbery and information about the suspects. Initially, dispatch simply stated that the suspects were “three black males.” One officer, who was in the area, responded and spotted three black males in the area of the apartment where the robbery took place. According to the officer, the men he saw appeared to be together and were the only black males in the area.
At that point, he stopped one man and discovered various items on his person that were used in the robbery, including a knife and a mask. Based upon this evidence, the state charged the defendant with robbery and assault charges. At the trial, the defendant asked the trial judge to suppress the knife and mask evidence. The officer’s search, he argued, was illegal because he didn’t have the appropriate level of reasonable suspicion to stop him. The trial court disagreed, allowing the evidence into the case, and the jury convicted the defendant on multiple assault and robbery charges.