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Category Archives: – Traffic Offenses
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: 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
TA 21-301 (a) [Drafted by Paul Notarianni, 2017] Failure to Drive Right of Center The Defendant is charged with the crime of failure to drive right of center. In order to find the Defendant guilty, the state must prove: The … Continue reading
Brief Brief. State v. Sullivan, 407 Md. 493 (2009) Holding: “The Court of Appeals, Greene, J., held that defendant did not have a “privilege to drive” in Maryland that could be “revoked,” and thus defendant could not be convicted of … Continue reading
Brief Brief: State v. McCallum 321 Md. 451 1990 Issue: Mens Rea for driving while suspended. QUOTES: “if the State offers the record at any subsequent trial and there is an objection, the court should redact all portions of McCallum’s motor … 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