If you watch enough courtroom movies or TV shows then you’ve likely seen the following scene or something like it: Our star, an intrepid attorney, has unearthed enormously helpful evidence but it is not admissible. Then the other side makes an ill-considered comment or asks an unfortunate (for them) question. Our protagonist seizes the moment and moves to admit the key evidence. When the other side objects, our intrepid advocate confidently counters, “Your Honor, they opened the door!” and gets the proof before the jury. Of course, real life is often much more complex than TV dramas and movies, but being able to use (or to block) an “opening the door” argument can be extremely important to your real-life case. When it comes to getting all of your best evidence admitted at trial, you don’t need a gifted actor; you need a skilled Maryland criminal defense attorney advocating for you.
So what exactly does “opening the door” look like… and not look like? A recent felony case that originated in Howard County helps us see. Police, who were investigating a string of burglaries and a robbery in late 2018, searched a Columbia home three times.
Ultimately, after finishing their searches and collecting evidence, the state charged R.D. with, among other things, armed robbery. At trial, the accused man admitted that he lied to the police about where he lived but said he did so to protect the woman who eventually became his wife. The prosecution then set about questioning R.D. about a “whole bunch of stolen goods and” property the police found inside the residence.