EARL STONE ET AL. v. CHEVERLY POLICE DEPARTMENT ET AL.
Court of Special Appeals, D. Eyler, Filed March 31, 2016,
LEOBR – An officer may not fail to participate in an administrative hearing where there has been a decision made by the circuit court prior to the hearing, even if an appeal from that decision is noted.
The Court drops a footnote to state that
with respect to the Fourth Amendment issue, that section 3-105 only authorizes a circuit court to grant appropriate relief upon a finding that the agency“obtained evidence against a law enforcement officer in violation of a right granted by this subtitle,”i.e.,by the LEOBR. (Emphasis added.) A Fourth Amendment violation, if there were one, is not a violation of a right granted by the LEOBR