Maryland Criminal & Immigration Lawyer Blog
Many drug or weapons cases hinge upon whether or not the prosecution’s evidence was obtained constitutionally. Police officers, whether intentionally or inadvertently, may engage in searches and seizures that are illegal under the Fourth Amendment. Getting justice, then, means getting that evidence suppressed and getting a dismissal or acquittal. If you have questions about your case and the way the police obtained their evidence, you should consult an experienced Maryland criminal defense lawyer as soon as possible.
A recent drugs and guns case from Cecil County displays one example of how an illegal seizure can occur.
In February 2023, local police responded to an anonymous 911 tipster’s report of a driver “nodding in and out” or “passed out” in a Kia sedan at the truck stop off I-95 near North East, Maryland. As the police approached the Kia, the driver began backing out of his parking space, so the officers ordered him to stop. As they got closer, they allegedly detected a strong marijuana odor emanating from inside the car. The driver allegedly displayed “a frantic and defensive demeanor” and had “glassy” eyes.
The officers spotted a bag of marijuana inside the car so they ordered the driver out of the car. The driver allegedly said he had “something in the vehicle for his marijuana card.” After the police commenced searching the car, they came away with a black handgun that lacked a serial number plus plastic bags containing suspected fentanyl.
The state brought the driver up on drug and weapons charges. In his defense, the driver argued that the evidence against him was inadmissible because the police violated his Fourth Amendment rights.
Sweating the Small Stuff
The outcome of this case shows just how much every detail matters in a criminal case that turns on a search-and-seizure issue. The Fourth Amendment forbids law enforcement from engaging in warrantless searches or seizures, with some exceptions. One exception exists if the police had reasonable suspicion that the suspect had committed a crime. In many cases, the police may seek to rely, as the basis for their suspicion, on knowledge they achieved after they had already initiated a stop (a/k/a seizure.)
For suspects like this driver, their cases hinge on answering the question of “Which came first?” If the seizure happened before the basis for reasonable suspicion, then the interaction was illegal and whatever evidence the police obtained is subject to suppression.
In the case from North East, the moment law enforcement officers impeded the driver’s progress in exiting his parking space and leaving the parking lot – either “by means of physical force or show of authority” – their actions amounted to a “restraint of liberty” and constituted a “seizure” for purposes of the Fourth Amendment.
The police in North East had a valid basis for a reasonable suspicion (the odor or marijuana,) but they did not obtain that basis until after opening one of the car doors, which necessarily came after they had already stopped (seized) the driver.
Anonymous Tips and Reasonable Suspicion
In some cases, an anonymous tip may, by itself, be enough to create reasonable suspicion. The courts have said that, for that to be true, the “quantity and quality, or degree of reliability of information disclosed in an anonymous tip,” must be substantial enough to give it a high degree of reliability. For example, an anonymous tip placed 10 minutes after the crime where the tipster says, “I saw who shot the bank teller. He was a tall man with brown hair, a slender build, and light skin. He was wearing a dirty blue uniform that had the name ‘Zack’ printed on the front” is a tip information that both high quantity and high quality, which would tend to give it a high degree of reliability. If the police saw a tall, thin, white man in a navy blue uniform with grease spots that had a name badge reading “Zach” on it, they likely would have a permissible basis for making a stop.
The tip in the North East was noticeably different. It generally warned of a driver “passed out” or “nodding in and out” behind the wheel at the truck stop parking lot. However, when the police arrived, the man in the Kia was not unconscious or semi-conscious; he was awake and driving “in an unremarkable and appropriate manner until the officers stopped” him.
Getting justice is a process containing many elements. One crucial one is obtaining knowledgeable and diligent legal counsel. The experienced Maryland criminal defense attorneys at Anthony A. Fatemi, LLC are here to offer that sort of representation to criminal suspects and defendants. Contact us today at 301-519-2801 or via our online form to set up your consultation to learn more about how we can help you.