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Articles Posted in Constitutional Law

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

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,…

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

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.…

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

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…

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What Maryland Prosecutors Can — and Can’t — Say During Your Trial About Your Invoking Your Right to Silence

Most people are aware that the Constitution gives criminal suspects the right to remain silent or to refuse to speak to the police. When a suspect tells the police “I’m not saying anything” or “I’m finished talking,” he’s invoking his constitutional rights. What you may not immediately realize, however, is…

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How a Change in a Maryland Health Statute Gave One Man a Winning Ex Post Facto Violation Argument

“Ex post facto” is a phrase that often gets overused… and misused. Many people may recall learning about ex post facto laws in junior high or high school civics and government classes, but may not really understand what the phrase truly means. Unskilled “jailhouse lawyers” often apply it incorrectly in…

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Protecting Your Right to Remain Silent in Maryland, Especially When There’s a Language Barrier Involved

Here in Maryland, our state constitution and the U.S. constitution give everyone certain rights. As you may already know, especially if you watch all of those TV police shows, you have the right to remain silent and refuse to answer the police’s questions. What happens, though, when you’re advised of…

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What Constitutes an Unconstitutional Search or Seizure, as Opposed to a ‘Consensual’ Interaction With Police in Maryland?

Both the U.S. and Maryland courts include protections against law enforcement officers conducting unreasonable searches and seizures. Maryland law also has some clear guideposts about the circumstances that do (or do not) constitute a search or seizure, and they include some scenarios you might not necessarily have associated with illegal…

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What You Do — and Don’t — Have to Say to Invoke Your Right to Legal Counsel in Maryland

It is that moment that is so common to TV police-and-prosecutors shows… and so very frustrating to those fictional law enforcement officers. It happens when the suspect the police are questioning looks the officers in the eyes and says, “I’m not talking without my lawyer here.” If you are facing…

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The Right to a ‘Speedy Trial’ and the Role it Plays in Your Maryland Criminal Case

In your Maryland criminal trial, there may be multiple different options and tools available to you under the law to enhance your defense. Knowing what all of these are, and how to use them, is one area where the assistance of skilled Maryland criminal defense counsel can be invaluable. In…

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What Happens When Police in Maryland Find Evidence of Drugs on One of Your Passengers?

In many criminal cases, especially ones involving drug charges, one of the most important issues is the collection of evidence by the police and compliance with protections guaranteed by the U.S. and Maryland Constitutions. In a recent case of a driver stopped for a non-functioning tail light, the fact that…

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