Categories
- – 4th Amendment
- – Appellate Practice
- – Assault & Affray
- – Bail
- – Criminal Law
- – Ethics
- – Evidence
- – HG 8-505 & Sentencing
- – Jury Instructions
- – Notes and Forms
- – Plea Agreements
- – Pretrial
- – Public Interest
- – Traffic Offenses
- — B.B.'s. Brief Briefs
- — The Western Maryland Law Journal
- —- James Malone
- —- Michael Stankan
- —- Paul Notarianni
-
Posts
- Invocation of Counsel
- Lay Opinion; Moreland v. State.
- License Plate Lamp and 4th Amendment.
- Nol Pro & STETs on Appeal. LaFavre v. State
- Violation of Probation: Motion to Dismiss for Violation of MD Rule 4-347 (a)
- Md Crim. Pro Section 5-213.1 Violation of Pre-Trial Release Conditions
- Pickpocket v. Robbery. Cooper v. State.
- Failure to Grant a Jury Instruction
- Voluntariness of Guilty Plea
- K-9 Alert Not Sufficient to Search Occupants. State v. Wallace.
- Officer Cannot Stick Head in Car Window to take a Sniff. State v. Grant.
- Prosecutorial Misconduct in Plea Bargain Sentencing. Miller v. State
- Petition to Return Seized Animal
- Suppress Identification
- Frisking Car Passengers. Norman v. State
- Other Crimes Evidence and Witnesses. Sessoms v. State.
- Quick Reference of Impeachable Offenses
- Motion to Dismiss Due to Speedy Trial
- Victim Impact Statement. Ball v. State
- When Traffic Stop = Seizure. Ferris v. State
- Traffic Stop for Window Tint. Turkes v. State
- Plea Agreement: Binding v. Non-Binding
- “The Court Refuses to Honor my Appeal. What do I do now ?!?!”
- Passenger Standing and Terry. Arizona v. Johnson.
- Illegal Deferred Sentence. Montgomery v. State.
- PBJ and Subsequent Offender Status
- Interlocutory Criminal Appeal: Denied Motion to Enforce Plea Agreement
- Enforcement of Plea Agreement: “But I did what they told me to do…”
- Proposed Jury Instructions for Motor Vehicle Offenses
- Never Having a License as Defense to DWS/DWR. State v. Sullivan
- Mistake of Fact Jury Instruction. General v. State
- No Declared Stingrays in Allegany County
- Is 4th Degree Burglary Impeachable?
- Imperfect Self-Defense Jury Instruction
- Elements of Affray and defenses. Dashiell v. State.
- Standard for Preventative Detention. Wheeler v. State.
- STETs are Plea Agreements. State v. Thompson.
- DWS Mens Rea. State v. McCallum.
- Considering Other Pending Cases at Bail. Bigley v. Warden of Maryland Correctional Facility for Women.
- Spreadsheets = Hearsay. Davies v State.
- Fourth Amendment Outline
- Quick Reference: Case Search Codes
- Maryland Authorities on Lawyers and Social Media
- Cross-Reference of Maryland Traffic Offenses
- The Justice Reinvestment Act’s Impact on 8-505
- The Western Maryland Law Journal
- Defense Access to Police Personnel File
- Notes and Forms: Health General Sections 8-505; 8-506; and 8-507
- Intro to Death Penalty Voir Dire
- Notes and Forms: Defending School Truancy Cases in the District Court of Maryland
- Welcome! Site Information
Category Archives: – 4th Amendment
License Plate Lamp and 4th Amendment.
The following was from a motion to suppress based on a traffic stop for a tail lamp. Drafted by Paul J. Notarianni. “The Supreme Court has made clear that a traffic stop involving a motorist is a detention which implicates … Continue reading
Posted in - 4th Amendment, - Criminal Law, - Traffic Offenses, ---- Paul Notarianni
Comments Off on License Plate Lamp and 4th Amendment.
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
Comments Off on K-9 Alert Not Sufficient to Search Occupants. State v. Wallace.
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
Comments Off on Officer Cannot Stick Head in Car Window to take a Sniff. State v. Grant.
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
Comments Off on Frisking Car Passengers. Norman v. State
When Traffic Stop = Seizure. Ferris v. State
Brief Brief: Ferris v. State 355 Md. 356 (1999) Issue: What constitutes a seizure, under the Fourth Amendment, during a traffic stop. Quotes: “The Fourth Amendment protects against unreasonable searches and seizures, including seizures that involve only a brief detention. … Continue reading
Posted in - 4th Amendment, - Traffic Offenses, -- B.B.'s. Brief Briefs
Comments Off on When Traffic Stop = Seizure. Ferris v. State
Traffic Stop for Window Tint. Turkes v. State
Brief Brief: Turkes v. State, 199 Md. App. 96 (2011) Issue: When does a perceived violation of window tint regulation give rise to reasonable articulate suspension to support a traffic stop? Quotes: “When an officer observes a vehicle that is … Continue reading
Posted in - 4th Amendment, - Criminal Law, - Traffic Offenses, -- B.B.'s. Brief Briefs
Comments Off on Traffic Stop for Window Tint. Turkes v. State
Passenger Standing and Terry. Arizona v. Johnson.
Brief Brief Arizona v. Johnson 555 U.S. 323 (2009). Issue: Passenger standing to challenge traffic stop and Terry search. Quotes: “This case concerns the authority of police officers to “stop and frisk” a passenger in a motor vehicle temporarily seized … Continue reading
Posted in - 4th Amendment, - Criminal Law, -- B.B.'s. Brief Briefs
Comments Off on Passenger Standing and Terry. Arizona v. Johnson.
Fourth Amendment Outline
ABSTRACT: In November of 2015, Michael Stankan gave a presentation to the Western Maryland Criminal Defense Bar regarding Fourth Amendment issues in traffic stops. This is his outline of cases from that presentation. MichaelStankan4thAmendmentOutline
Posted in - 4th Amendment, - Criminal Law, - Traffic Offenses, ---- Michael Stankan
Tagged (1989) Arizona v. Gant, (1997) McCain v. State, (1997) Whitman v. State, (2001) Illinois v. Caballes, (2001) Wilson v. State, (2002) Hardy v. State, (2006) State v. Smith, (2007) Briscoe v. State, (2007) Maryland v. Pringle, (2007) Pennsylvania v. Mimms, (2010) Farewell v. State, (2010) Muse v. State, (2014) Conboy v. State, 101 Md. App. 395 (1994) Collins v. State, 116 Md. App. 497, 118 Md. App. 317 (1997) White v. State, 121 Md. App. 345 (1998) Herbet v. State, 132 Md. App. 598 (2000) Chase v. State 224 Md. App. 631 (2015) Chimel v. California, 132 S. Ct. 945 (2012) United States v. Salvucci, 134 S. Ct. 2473 (2014) Rowe v. State, 136 Md. App. 458, 139 Md. App. 212 (2001) Kelley v. State 436 Md. 406 (2013) Lewis v. State, 140 Md. App. 696 (2001) State v. Harding 196 Md. App. 384 (2010) State v. Nieves, 143 Md. App. 155 (2002) Epps v. State, 143 Md. App. 670 (2002) Charity v. State, 146 Md. App. 327, 146 Md. App. 395 (2002) Nathan v. State, 150 Md. App. 540 (2003) Ferris v. State, 150 Md. App. 658 (2002) Wilson v. State, 152 Md. App. 1 (2003) Sinclair v. State 214 Md. App. 309 (2014), 155 Md. App. 353 (2004) Davis v. State, 17 Md. App. 376 (1973) Commonwealth v. Cruz, 170 Md. App. 211, 173 Md. App. 414 (2007) State v. Funkhouser, 174 Md. App. 434 (2007), 180 Md. App. 210 (2008) Paulino v. State, 182 Md. App. 444 (2008) Smith v. State, 184 Md. App. 535 (2009) Graham v. State, 189 Md. App. 653 (2009) Thompson v. State, 190 Md. App. 497 (2010) Jones v. State, 192 Md. App. 653 (2010) Turkes v. State, 193 Md. App. 687, 194 Md. App. 252 (2010) McDowell v. State, 195 Md. App. 695, 199 Md. App. 96 (2011) United States v. jones, 2015 WL 6112285, 2015 WL5969682 at 1 (Md. Ct. Spec. App. 2015) Minnesota v. Dickerson, 206 Md. App. 309 (2012); Aff’d, 214 Md. App. 195 (2013) State v. Green, 219 Md. App. 91 (cert denied) (2014) Sellman v. State, 25 Md App. 428 (1975) Wilkes v. State, 278 Va. 300 (2009) Whitehead v. State, 335 (355?) Md. 356 (1999) Ford v. State, 363 Md. 150 (2001) Whitehead v. Commonwealth, 363 Md. 424 (2001) Scribner v. State, 364 Md. 554, 370 Md. 648 (2002) New York v. Belton, 372 Md. 137 (2002) Stokeling v. State, 374 Md. 527 (2003) State v. Wallace, 375 Md. 595 (2003) State v. Mason, 383 Md. 573 (2004) State v. Ofori, 391 Md. 462 (2006) Carter v. State, 395 U.S. 752 (1969) Collin v. State, 398 Md. 349, 399 Md. 341, 407 Md. 327 (2009) Miles v. State, 411 Md. 104 ( Brendlin v. California, 422 Md. 384 (2011) Byndloss v. State, 434 U.S. 106 (1977) Ray v. State, 435 Md. 1 (2013) Riley v. California, 441 U.S. 520 (1979) Belote v. State, 444 Md. 16 (2015) Smith v. State, 448 U.S. 83 Wiegmann v. State, 453 U.S. 454 (1981) Ott v. State 325 Md. 206 (1973) Padilla v. State, 459 Mass. 459 (2011) Commonwealth v. Daniel, 464 Mass 745 (2013). Commonwealth v. Overmyer, 469 Mass. 16, 496 U.S. 325 (1990) Anderson v. State, 508 U.S. 366 (1993) Moore v. State, 519 U.S. 408, 540 U.S. 366 (2003) Maryland v. Wilson, 543 U.S. 405 (2005) Jackson v. State, 551 U.S. 249, 556 U.S. 332 (2009) Bell v. Wolfish, 78 Md. App. 471, Alabama v. White, at 2 (Md. Ct. Spec. App. 2015) Edwards v. State, No 1456 Sept Term 2014, no. 1951 Sept. Term 2013
Comments Off on Fourth Amendment Outline
The Western Maryland Advocate 