Norman v. State

Posted on March 27, 2017 by admin

JOSEPH NORMAN, JR. v. STATE OF MARYLAND
Court of Appeals, Watts, March 27, 2017,
Car Stop- Odor of Marijuana- Without more, an odor of marijuana coming from a vehicle does not allow police to frisk the occupants

Plurality
(Main opinion- Watts with Hotten)
(Join in judgment only- Greene)
(Concur- Adkins with Barbera- not reasonable to believe passenger involved in drug dealing where car smells of mj)
(Dissent- Getty with McDonald – probable cause for drugs should be RAS to frisk)
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Robinson v. State

Posted on January 20, 2017 by admin

JERMAUL RONDELL ROBINSON v. STATE OF MARYLAND
DEXTER WILLIAMS v. STATE OF MARYLAND
VERNON HARVEY SPRIGGS, III v. STATE OF MARYLAND
Court of Appeals, Watts, Jan. 20, 2017,
Search – Police have probable cause to search a vehicle where they detect an odor of marijuana emanating from the vehicle

Following the CoSA opinion in Bowling
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Deon Williams v. State

Posted on December 2, 2016 by admin

DEON LEROY WILLIAMS v. STATE OF MARYLAND
Court of Special Appeals, Alpert, Filed Dec. 2, 2016,
Strip Search – Strip search was lawful when conducted in police barracks incident to arrest for traffic violation given nervousness, large quantity of cash, and reliable informant information that the Defendant was in possession of drugs

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Sellman v. State

Posted on August 24, 2016 by admin

DONZEL SELLMAN v. STATE OF MARYLAND
Court of Appeals, Greene, August 24, 2016,
Frisk – Nervousness, presence in a high crime area, conflicting stories, and questionable identity provided did not amount to reasonable suspicion that the suspect was armed and dangerous. Frisk was illegal.

(Dissent – Watts, joined by Battaglia – would find RAS for frisk based on totality of circumstances, would credit arresting officer as did fact finder)
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TERRANCE GRANT v. STATE

Posted on July 12, 2016 by admin

TERRANCE JAMAL GRANT v. STATE OF MARYLAND
Court of Appeals, Hotten, July 12, 2016,
Vehicle Search – An officer conducts a search that must be justified when he places his head inside the passenger compartment of a vehicle
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Utah v. Strieff

Posted on June 20, 2016 by admin

UTAH v. EDWARD JOSEPH STRIEFF, JR.
Supreme Court of the United States, Thomas, June 20, 2016,
Search – Exclusionary Rule – Evidence recovered from a suspect search incident to a valid arrest warrant need not be excluded even where the initial detention lacked reasonable suspicion

(Dissent – Sotomayor joined by Ginsburg for parts I-III – Starts by misstating the Court’s holding, then provides legitimate points related to a constitutional violation providing the basis for a constitutional search, then on her own discusses racial impact of unconstitutional policing)
(Dissent – Kagan with Ginsburg – Discovery of an arrest warrant after an unconstitutional stop is not an “intervening circumstance,” it is a product of the unconstitutional stop)
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US v. Lull

Posted on May 25, 2016 by admin

UNITED STATES OF AMERICA v. ZACKARY ROBERT LULL
US Court of Appeals for the Fourth Circuit, Duncan, May 25, 2016,
Search Warrant – Omission of information regarding informant reliability (informant tried to steal buy money and misled investigators) was sufficient to satisfy the “intentionality” and “materiality” prongs of Franks

(Concur & Dissent – Davis – The omission was “reckless,” but even if included “no judge with experience issuing warrants would have refused to issue the search warrant in this case.”)
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United States v. Palmer

Posted on April 21, 2016 by admin

UNITED STATES OF AMERICA v. MICHAEL JEROME PALMER
US Court of Appeals for the Fourth Circuit, King, Filed April 21, 2016,
Search – Vehicle – Where RAS existed to suspect that a VA-required inspection-sticker mounted on the windshield was fraudulent, officer’s entry into the vehicle for purpose of examining the sticker was reasonable and did not constitute an unconstitutional search.

(Concur by Wynn – Taking time to run criminal background check was called for in this case, but is not part of a standard traffic stop)
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Bowling v. State

Posted on March 31, 2016 by admin

JOSHUA PAUL BOWLING v. STATE OF MARYLAND
Court of Special Appeals, Graeff, Filed March 31, 2016,
CDS – Odor of Marijuana provides probable cause to believe evidence of “contraband or crime” is located within vehicle, thus justifying warrantless search without regard to quantity

Followed by CoA
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Lindsey v. State

Posted on December 16, 2015 by admin

SHAUND D. LINDSEY v. STATE OF MARYLAND
Court of Special Appeals, Hotten, Filed Dec. 16, 2015,
Search – No reasonable expectation of privacy for K-9 sniff in common hallway outside apartment
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Maryland Criminal Law and Policy

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