Guns Category Archives — Maryland Criminal & Immigration Lawyer Blog Published by Maryland Criminal & Immigration Attorneys

How a Search of Your Social Media Accounts Can Become a Fourth Amendment Violation

August 11, 2023 | by Anthony A. Fatemi, LLC

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, a search of a social media account has the potential to represent a violation of the accused’s Fourth Amendment rights if it wasn’t backed by a valid search warrant. When it comes to getting illegally obtained evidence suppressed (whether that evidence was housed in something as old-fashioned as a bedroom closet or as modern as a TikTok account,) having representation from an experienced Maryland criminal defense lawyer often can enhance your chances of success.

Many times, this blog covers criminal issues arising from the Maryland courts. Today, we look at a federal criminal case for its insight into police searches of social media accounts.

According to federal prosecutors, T.R. was a member of the Cruddy Conniving Crutballs (a/k/a “Triple C,”) a Baltimore street gang. In the spring of 2021, federal prosecutors charged T.R. and 14 alleged Triple C members with various racketeering, conspiracy, drug, and gun crimes.

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

July 27, 2023 | by Anthony A. Fatemi, LLC

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 outside these exceptions out of your trial — is a place where having an experienced Maryland criminal defense lawyer can be vital. Because any criminal trial can come down to what the jury hears — and what they don’t — winning these battles is crucial.

One of those exceptions is something called a “statement against interest.” Maryland Rule 5-804(b)(3) says that hearsay may be admissible if it “so tended to subject the declarant to civil or criminal liability, . . . that a reasonable person in the declarant’s position would not have made the statement unless the person believed it to be true.”

That exception was at the center of a recent drug case from Salisbury. In that case, the Wicomico County Sheriff’s Office raided a home in the early morning hours and recovered 69 bags of suspected crack cocaine, 98 suspected bags of heroin, 17 rounds of .40-caliber ammunition, a digital scale, and six cell phones.

Suspicious Bulges, Unusual Walking Gaits, and What Does (or Does Not) Qualify as Reasonable Suspicion in Maryland

November 9, 2022 | by Anthony A. Fatemi, LLC

Courts, as well as the legal community, are keenly aware of the challenging job that police officers have, Officers daily make split-second decisions while seeking to keep the neighborhoods they serve safe. They also, however, are charged with “respecting the dignity and Constitutional rights of persons they confront.” Sometimes, even skillful officers acting in good faith can step over the line and stop and/or search someone without a proper legal basis. When that happens and criminal charges come from that stop, knowledgeable Maryland criminal defense lawyers are here to vindicate the rights of those accused people.

This is especially true in neighborhoods that are home to high levels of crime, as a recent weapons case from Southwest Baltimore demonstrates.

Two city police officers, while on foot patrol in a high-crime area, spotted a man who they thought was acting suspiciously. Essentially, what they knew was this: the man, L.B., walked with his right arm swinging “freely” while he kept his left arm “braced against his side.” While the man was inside a convenience store, they spotted a “bulge in the front of his waistband.”

‘Search Incident to an Arrest’ Versus ‘Arrest Incident to a Search’ and Why the Difference Can Be So Important to Your Criminal Defense in Maryland

January 24, 2022 | by Anthony A. Fatemi, LLC

This blog spends a lot of time talking about police searches. That’s no accident. A lot of arrests and criminal trials arise because the police stopped somebody, searched them, then found something on them that the state uses as the basis for a prosecution. One of the biggest keys to avoiding that conviction often is showing that the police had no right to stop you in the first place, which means none of the evidence they obtained in that search is usable against you. This essential attack is one of the many areas where having the right Maryland criminal defense lawyer on your side can make all the difference.

Take, for example, the criminal prosecution of D.S. in Prince George’s County. D.S., a Washington, D.C. man, was hanging around four other men and a dice game in Brentwood. Officers in marked vehicles approached. An officer asked the men if they had “anything illegal” on them. D.S. indicated that he had roughly one ounce of marijuana in his possession.

The officer then did a pat-down search. At that time, he found a gun in D.S.’s waistband. Based on that interaction, the state charged D.S. with several gun charges and also possession of marijuana.

Illegal Seizures, Your Fourth Amendment Rights, and the Suppression of Evidence in Your Maryland Criminal Trial

December 8, 2021 | by Anthony A. Fatemi, LLC

The Fourth Amendment to the United States Constitution says that the “right of the people to be secure… against unreasonable searches and seizures, shall not be violated.” This is one of the most important rights guaranteed in the Bill of Rights, especially if you are someone on trial for a crime. This right may give you vital tools you can use as part of your defense, such as seeking the suppression of evidence obtained without a warrant. If you’re under investigation or on trial for a crime in this state, you should act immediately to retain an experienced Maryland criminal defense lawyer who can help you in the protection of your rights.

When people think about the rights guaranteed by the Fourth Amendment, they generally will think of “unreasonable searches.” However, the other right ensured within that text – protection against unreasonable seizures – is every bit as important.

Many times, the evidence the police obtained was something they got by first engaging in an illegal seizure. Such was the case recently for one man from Prince George’s County on trial for a gun charge.

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

July 9, 2021 | by Anthony A. Fatemi, LLC

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 as the basis to get the charges against you thrown out. Whether you need to pursue a speedy trial motion or engage in other procedural maneuvers to protect your rights, the requirements for doing so may be intricate, detailed, and exacting, which is why you should rely on the skills and knowledge of an experienced Maryland criminal defense attorney.

Statutory law in Maryland says that, absent a good reason, your criminal case has to be brought to trial within 180 days. The starting point of that 180-day time period is the earlier of the first time you are brought before the judge or the first time your attorney appears in court to state his/her representation of you in the case.

Sometimes, the procedural tactics of the prosecution can impact that speedy trial deadline, as one recent case illustrated. The accused, S.W., was arrested and charged with various drug and firearm offenses. The grand jury indictment, in that case, occurred on Sept. 18, 2018. After the state later discovered fentanyl in the drugs, the prosecutors dismissed all the charges in the first indictment. The grand jury returned a second indictment on Jan. 22, 2019, that added four new counts covering the fentanyl.

Getting Potentially Incriminating Evidence Seized as a Result of a Warrantless Search Thrown out in Your Criminal Case in Maryland

April 22, 2021 | by Anthony A. Fatemi, LLC

Events from outside Maryland have once again placed into the national spotlight the issues of police stops of citizens and the bases the police use for initiating an encounter with someone. One important thing to know is that, in this state, the police must have a legitimate basis for stopping you and, if they lack that legitimate reason, then any potentially incriminating evidence they find on you may be excluded from your criminal trial. An experienced Maryland criminal defense lawyer can help you succeed in these kinds of evidence suppression and other critical arguments.

Here in Maryland, there is strong caselaw upholding citizens’ freedom from being accosted and searched by the police without a reasonable basis. The police still cross that line, though, which is why it is necessary to have skilled legal counsel on your side to get wrongfully seized evidence thrown out when you stand trial.

A weapons and drugs case from Baltimore illustrates this well. In October 2018, a Baltimore police officer was patrolling a mall when he noticed J.M., who had on “slim fitted cargo shorts.” Inside one of the pockets, J.M. had something large that “appeared to slide back and forth.” J.M. allegedly was walking with a stiff right arm to help keep the object inside the pocket from moving. J.M. also allegedly tapped his pocket occasionally “as if to make sure” the object was still there.

How You May Be Able to Use the Prosecution’s Choices Against Them in Your Maryland Criminal Case

April 9, 2021 | by Anthony A. Fatemi, LLC

Sometimes, a successful defense in a criminal case is like the reverse of building a house of cards or one of those tower-building puzzle games. The prosecution’s job is to build a case based on proven facts that satisfy the requirements of the crime(s) charged. On the defense side, defeating that prosecution may be a matter of removing one or two items, and then allowing the entire structure to collapse. Even if you’ve been caught in some tough circumstances, the right Maryland criminal defense attorney potentially can help you do just that and get the acquittal and/or dismissal you need.

M.S. was someone who seemed to be facing that sort of difficult circumstance in his criminal case. After a late-night verbal dispute inside a restaurant, a drive-by shooting occurred in the parking lot outside the restaurant. According to the state, M.S. was the driver and Q.B. was the shooter. The shots hit no one.

The state charged M.S. and Q.B. with several counts of attempted murder, first-degree assault, and “use of a firearm in the commission of a felony or crime of violence.” The prosecution also pursued charges of conspiracy connected to each of those three crimes.

Maryland’s Highest Court Agrees that a Man Caught in a ‘Light Rail Fare Sweep’ Had His Fourth Amendment Rights Violated

February 6, 2021 | by Anthony A. Fatemi, LLC

One of the most invasive incursions the state can make against its citizens is to breach the citizens’ right to be “secure in their persons, houses, papers and effects.” It is this invasive nature that led the Founding Fathers to address the topic within the Bill of Rights, banning unreasonable searches and seizures and requiring probable cause for the issuance of search warrants. It is this amendment that renders many warrantless searches illegal and the evidence seized in those searches improper for use against you at your criminal trial. Of course, illegally seized evidence generally doesn’t suppress itself; instead, you need the services of an experienced Maryland criminal defense attorney who knows how to go about making – and winning – a motion to suppress illegally obtained evidence.

Several months ago, this blog covered the criminal case of K.C., a man discovered to be in possession of a gun and illegal drugs after the police conducted a warrantless search.

K.C. was convicted in the trial court, but the Court of Special Appeals reversed that conviction. That appellate court, among other things, looked at K.C.’s lack of control over the situation and concluded that his was not a “consensual encounter” with the police, which, in turn, meant that his Fourth Amendment rights had been violated.

The Multiple Ways in Which You Can Overcome a ‘Firearm Possession’ Charge in Maryland

January 13, 2021 | by Anthony A. Fatemi, LLC

Details matter in a criminal case, and, sometimes, even seemingly minor or trivial details may matter A LOT. Something else that matters a great deal in defending against criminal charges is pursuing all the potential areas in which you can attack the charges. That’s where having a skilled Maryland criminal defense attorney can be an invaluable help. An experienced attorney can potentially spot details you overlooked or identify potential areas of attack that you would not have thought possible.

Take, for example, the weapons charge case against H.L., a man arrested after a police chase in Elkton. At the end of the vehicle chase, H.L. crashed. He then allegedly escaped on foot and was apprehended after he fell down. The police found a weapon on the ground next to the man.

One of the charges the prosecution brought was possession of a regulated firearm. Now, most of the time, a defense against the charge of possession of a regulated firearm focuses almost entirely on demonstrating either that an affirmative defense made the defendant not guilty, or else that the facts the state proved do not support the legal standard of “possessing” the weapon in question.