In a criminal defense matter, a key to a successful outcome may be getting inadmissible evidence excluded. This is one of the many vitally important areas in which your experienced Maryland criminal defense lawyer can help. In one recent case from Baltimore, a defendant got a conviction reversed because the officer who searched him lacked the required level of reasonable suspicion to allow him to conduct a search.
On March 4, 2016, a Baltimore law enforcement officer responded to a call about “a person being armed.” The officer spotted an individual who he believed matched the description dispatch had provided to him. As the officer approached the man, the man allegedly turned away from the officer. This body language, in the officer’s opinion, was consistent with someone carrying a gun. The officer made the man put his hands above his head, and, during the officer’s pat-down search, he recovered a gun from the man’s waistband.
During the man’s gun possession trial, the defendant asked the court to suppress evidence of the gun on the basis that the search was improper. The trial judge denied the motion to suppress, and the defendant was convicted on two counts.