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Articles Posted in Drug law

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Some Tips About What You Should Do — and Should Avoid Doing — in a Maryland Traffic Stop

Generally, this blog discusses court cases where the accused person obtained a favorable result in the Appellate Court or the Supreme Court. L.B. from Baltimore was not one of those people. Nevertheless, we spotlight his case because his actions provide a list of “what not to do” in a traffic…

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

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…

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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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When a Police Stop in Maryland is — and Isn’t — Consensual, and What that Difference Means for Your Fourth Amendment Rights

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…

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Backpacks, Drug Arrests Pursuant to Traffic Stops, and the Constitution’s Protections Regarding Warrantless Searches

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…

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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

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,…

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Can the Police Make a Traffic Stop in Maryland if You’re Driving in an Unusual, But Not Illegal, Manner?

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…

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

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…

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What the ‘Community Caretaking’ Exception Is and How You Can Overcome Its Attempted Use by Prosecutors in Your Maryland Criminal Case

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…

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