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- 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
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Category Archives: – 4th Amendment
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
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
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
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
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
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
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