Many times, changes in the law are reflections of changes in society. That can be true both in case law and in statutory law. The landmark 2015 U.S. Supreme Court decision that said that all same-sex couples have a fundamental right to marry is an example of the former. The…
Most police officers are ethical people who try to uphold the law within the confines of the rules that the constitution and the law have created. However, whether an officer is a “good” cop or a “bad” cop, the officer has the potential to make mistakes, to go outside the…
In many criminal defense cases, the difference between a conviction and an acquittal can come down to what evidence got presented to the jury, and what evidence did not. In that regard, one of the more important parts of your criminal defense can be your request that asks the judge…
Most people, including non-lawyers, are aware that the Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures. A non-lawyer, including even a very knowledgeable one, however, might not be aware of what a “Terry stop” is and what that phrase can potentially mean with regard to a…
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…
One of the most important tools in a police officer’s arsenal of law enforcement techniques is what’s called a Terry stop. However, one of the law enforcement techniques that is the most susceptible to misuse is the Terry stop. In a recent drug case from southeastern Maryland, the Court of…
When the General Assembly passes new laws that affect the criminal statutes, those changes can potentially have wide-ranging effects. As one example, the legislature’s law decriminalizing small (<10 grams) quantities of marijuana has led some to question whether a law enforcement officer can still conduct a warrantless search based upon…
Maryland’s highest court recently threw out the drug and gun possession conviction of a man, due to the lack of reasonable suspicion on the part of the officers who searched him. The Fourth Amendment requires that law enforcement officers have a reasonable degree of suspicion before they can search your…
An appeals court in Maryland recently issued a decision that many privacy advocates have extolled as a landmark ruling and a great victory for the privacy rights of citizens. The Maryland Court of Special Appeals upheld a lower court’s ruling excluding evidence in a murder case that was obtained through…
Driving under the influence of drugs or alcohol is far too common in Maryland and throughout the entire country. According to statistics provided by the National Highway Traffic Safety Administration, an estimated 1.5 million people are arrested for DUI in a given year. To put it another way, one out…