The Fourth Amendment of the Constitution guarantees citizens the right to be free from an illegal search and seizure. Law enforcement authorities are expected to have “probable cause” before conducting a search of a person or their car and other items. If you have been arrested or charged with a crime, it is important to determine whether the evidence supporting the charge was obtained in a legal manner. In cases where there is doubt about the legality of the search and seizure procedures, you may make a motion with the court to “suppress the evidence.” To understand your rights and the circumstances under which a court may grant a motion to suppress, you are encouraged to contact a Maryland criminal defense attorney as soon as possible.
When a defendant moves to suppress evidence, courts typically will hold a “suppression hearing” to determine the legitimacy of the search and seizure. In a recent Maryland case, an officer who was conducting surveillance of a motel in Baltimore saw a man pacing in the parking lot. A few minutes later, the officer saw that man get into the passenger side of a car that had just pulled into the lot. He then exited the car soon after. The officer believed he had just witnessed a drug transaction and started to follow the car as it left the lot.