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Category Archives: – 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
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