Police many times strive to create situations in which they can conduct a search of your vehicle in order to obtain additional evidence… and possibly additional charges. The problem for the police is that they cannot search just anyone’s car. They need either to have a search warrant for that car or they need to have probable cause to conduct a warrantless search. A great deal of evidence is often unearthed through the execution of warrantless searches and, a lot of times, those searches are the result of insufficient probable cause. When that happens, you need the right Maryland criminal defense attorney on your side to get that evidence suppressed at trial.
O.W. was someone caught in a warrantless search scenario like that. In early 2019, Anne Arundel County police sought to arrest him on an open arrest warrant. The police apprehended the man at a Glen Burnie car wash. After the police took the man into custody, they searched the vehicle he drove to the car wash. The police found a handgun lying on the seat underneath a jacket. That gun led the police to add an additional weapons charge against O.W.
O.W. faced several complications in seeking to get the gun evidence excluded from his case. For one thing, the car wasn’t legally his, a fact that the state pointed out in its argument against suppression of the gun evidence. O.W.’s girlfriend had leased the vehicle and the lease had expired the day before the police apprehended the man.