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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
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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
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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
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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
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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
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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
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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
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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