Tag Archives: fourth amendment

Md. high court: Drug dog reliability decisions get deference

The Courts of Appeals building in Annapolis. (The Daily Record File)

Appellate courts must defer to a trial judge’s determination that a drug-sniffing dog was reliable unless that finding was clearly wrong, Maryland’s top court has ruled in setting the review standard for the often-decisive factor in whether police had probable cause to search a vehicle.

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Md. high court finds trunk search constitutional

The Court of  Appeals building.
(Maximilian Franz/The Daily Record)

Police officers were constitutionally justified in searching a car’s trunk for illegal drugs despite only finding them in a passenger’s possession during a traffic stop in Germantown and after a fruitless search of the vehicle’s interior, a divided Maryland high court ruled Friday.

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House panel drops gun-suppression appeals from crime bill

Guns on display in 2013 at  FreeState Gun Range in Middle River.  (File photo)

ANNAPOLIS – The House Judiciary Committee has dropped from omnibus anti-crime legislation a provision that would permit prosecutors to appeal judges’ decisions to suppress from evidence at trial guns the judges conclude were seized from defendants in violation of their ...

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Md. high court considers whether drug-detecting dogs deserve deference

A dog sniffs baggage at the Baltimore cuise terminal. (File)

ANNAPOLIS – Appellate courts should review anew the qualifications of drug-sniffing dogs when determining if police had probable cause to search a vehicle based on the canines’ whiff, a defense attorney said Thursday in urging Maryland’s top court to question ...

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Md. delegates’ bills would have police get warrants for cellphone tracking

General Assembly leaders have yet to decide how to structure the 2021 legislative session (The Daily Record/File Photo)

ANNAPOLIS – Two Democratic delegates say they will not wait to see if the U.S. Supreme Court will rule that police need search warrants to track criminal suspects based on their cellphone use. Del. Charles E. Sydnor III said he ...

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Baltimore man found via police ‘StingRay’ argues civil case should have discovery

This undated handout photo provided by the U.S. Patent and Trademark Office shows the StingRay II, manufactured by Harris Corporation, of Melbourne, Fla., a cellular site simulator used for surveillance purposes. A police officer testified Wednesday, April 8, 2015, that the Baltimore Police Department has used Hailstorm, a upgraded version of the StringRay surveillance device, 4,300 times and believes it is under orders by the U.S. government to withhold evidence from criminal trials and ignore subpoenas in cases where the device is used. (AP Photo/U.S. Patent and Trademark Office)

A Baltimore man who filed a federal lawsuit after the Court of Special Appeals ruled police did not have a valid warrant to use cell site simulator technology to locate him is asking a judge to reject the Baltimore police’s motion to dismiss ...

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Supreme Court lets stand Maryland convictions based on cellphone search

FILE - In this June 26, 2017, file photo, the Supreme Court is seen in Washington. The Supreme Court is taking up a case about political maps in Wisconsin that could affect elections across the country. The justices are hearing argument on Oct. 3 in a dispute between Democratic voters and Wisconsin Republicans who drew maps that have entrenched their control of the legislature in a state that is otherwise closely divided between the parties.  (AP Photo/J. Scott Applewhite, File)

The Supreme Court on Monday let stand without comment a Maryland man’s robbery, assault and theft convictions based on evidence from his cellphone, which police had seized with a controversial search warrant. In his unsuccessful request for Supreme Court review, ...

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4th Circuit hears appeal of ruling denying Mosby immunity


A federal appeals court will determine if Baltimore State’s Attorney Marilyn J. Mosby is immune from a lawsuit by five police officers who claim she maliciously prosecuted them in the death of Freddie Gray. Maryland Assistant Attorney General Karl Pothier told ...

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DeWolfe takes cellphone-search case to Supreme Court


The mere contention that criminals use cellphones to memorialize their crimes cannot be sufficient to secure a warrant to search a suspect’s phone, Maryland’s public defender has stated in papers urging the U.S. Supreme Court to review and overturn a ...

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