Category Archives: – 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

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

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

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

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, -- B.B.'s. Brief Briefs

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

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

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