Author Archives: Site Administrator: Paul Notarianni

About Site Administrator: Paul Notarianni

Paul Notarianni is the administrator for this site.

K-9 Alert Not Sufficient to Search Occupants. State v. Wallace.

Brief Brief.  State v. Wallace, 372 Md. 137 (2002). QUOTE:  “A canine alert on the exterior of a vehicle does not support the proposition that the drugs potentially in the car are concealed on a particular occupant of that vehicle.  … Continue reading

Posted in - 4th Amendment, -- B.B.'s. Brief Briefs

Officer Cannot Stick Head in Car Window to take a Sniff. State v. Grant.

Brief Brief: State v. Grant, 449 Md. 1 (2016). HOLDING:  The Maryland Court of Appeals had held that a police officer, who inserts his head into a passenger side window of a defendant’s vehicle during a traffic stop, conducted a … Continue reading

Posted in - 4th Amendment, -- B.B.'s. Brief Briefs

Prosecutorial Misconduct in Plea Bargain Sentencing. Miller v. State

Brief Brief. Miller v. State, 276 Md. 249, 1974. Issue:  After a plea bargain has been made, a Prosecutor subverted the spirit of the agreement by making damaging statements at the time of sentencing. Quote One:   “Prosecutor’s promise to make … Continue reading

Posted in - Criminal Law, - Ethics, - Plea Agreements, -- B.B.'s. Brief Briefs

Petition to Return Seized Animal

Petition Pursuant to Criminal Law Section 10-615: Return of Animals Below is a redacted section from a motion to return animals when they are seized pursuant to a criminal charge.  It was drafted by Paul J. Notarianni in 2015. NOW … Continue reading

Posted in - Criminal Law, - Notes and Forms, - Pretrial

Suppress Identification

The following was taken from a motion to suppress identification.  The original was drafted by Paul J. Notarianni in 2015. The Defendant offers the following argument as to suppression of the identification.   A Defendant in a criminal matter is protected … Continue reading

Posted in - Criminal Law, - Pretrial | Tagged , , , ,

Frisking Car Passengers. Norman v. State

Brief Brief.  Norman v. State, 452 Md. 373 (2017). Issue:  Court of Appeals held that a police officer lacked reasonable articulate suspicion to search a car passenger, despite a strong odor of marijuana emanating from the car. Quotes:  Quote 1: … Continue reading

Posted in - 4th Amendment, -- B.B.'s. Brief Briefs

Other Crimes Evidence and Witnesses. Sessoms v. State.

Brief Brief. Sessoms v. State, 357 Md. 274 (2000). Issue: The test for admitting other crimes evidence, under Maryland Rule 5-404,  does not apply to other crimes or wrongs committed by anyone other than defendant. Quote: “We hold that the … Continue reading

Posted in - Evidence, -- B.B.'s. Brief Briefs