Law enforcement officers may stop your moving vehicle or approach your parked vehicle for a variety of reasons. While many of those reasons are legal and appropriate, sometimes they’re not. When you’re involved in an illegal search and seizure and that encounter ends with your arrest, then the law says that you are entitled to a trial that does not include the evidence found. A trial without that evidence will almost certainly increase your odds of an acquittal. However, to get that trial without that damaging evidence, you have to know the right way to go about seeking a ruling from the judge suppressing that evidence. To ensure that your criminal trial does not include any evidence the police obtained illegally, it pays to have a skilled Maryland criminal defense attorney handling your case.
K.W.’s criminal case was one of those situations. He and a woman were inside a pickup truck parked in a Temple Hills apartment complex parking lot. While on patrol, a police officer spotted “a lot of movement” inside K.W.’s truck, so the officer approached the truck.
Once K.W.’s passenger rolled down her window, the officer smelled an odor of alcohol, and spotted a half-empty bottle of gin and two plastic cups with what looked like liquor in them. The officer ordered K.W. out of the truck. The officer then began a search of the truck, theoretically to recover the bottle of gin. During the search, the officer found a gun that was registered to K.W.