Tag Archives: unreasonable seizure

Md. high court weighs whether MTA violated Fourth Amendment

The Court of Appeals held that the checking of passengers who reasonably believe they cannot leave the train before showing proof of payment raises deep concern that the police activity violates the Fourth Amendment prohibition on unreasonable searches and seizures. But the court left open the possibility that the MTA officers' sweeps could be found constitutional if their primary purpose is a public good – perhaps deterring fare evasion – and not to detect criminal wrongdoing, such as an outstanding warrant. (The Daily Record/File Photo)

An assistant Maryland attorney general and a defense lawyer battled before the state’s top court Tuesday over whether transit officers violated the constitutional right of light-rail passengers to be free of unreasonable seizures when the agents conducted sweeps of the ...

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Court calls traffic stop search unconstitutional, reverses pot conviction

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

A Pocomoke City police officer’s tackling of a motorist stopped for allegedly being on his cellphone while driving invalidates the subsequent discovery of marijuana in the driver’s possession and car, a Maryland appeals court ruled after concluding the officer had ...

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Md. high court will consider whether MTA police violated Fourth Amendment


ANNAPOLIS – Maryland’s top court will consider whether state transit officers violated the constitutional rights of light rail passengers by putting on a show of force in conducting a sweep of the train cars to ensure fares were paid. The ...

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Ethnic profiling suit against Baltimore County can proceed, judge says


An El Salvadoran living in Maryland can proceed with her civil rights lawsuit alleging a Baltimore County traffic officer pulled her over because she looked to be Latina and subsequently detained her when a federal database erroneously listed her as ...

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Top Md. court: Handcuffing suspect does not automatically constitute arrest

Retired Court of Appeals Judge Lynne A. Battaglia made the most recent push for mandatory continuing legal education in Maryland in 2013. She acknowledges opposition remains but still believes it could happen in the future. ‘In order to be competent and be the best at what we do, we must continue to engage in educational efforts,’ she says. (File)

The use of handcuffs to detain a suspect does not constitute an arrest requiring probable cause if an officer reasonably suspects the person may be armed, the state’s top appellate court has ruled. The Court of Appeals also found Friday ...

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Md. high court weighs whether handcuffs constitute detention or arrest

A public defender and an assistant Maryland attorney general battled at the state’s top court Thursday over whether keeping an unarmed, illegal-drug suspect handcuffed in a Baltimore County parking lot constituted an unlawful arrest that should invalidate the subsequent discovery of more than 100 grams of cocaine in his hotel room.

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