If Baltimore Police Stop Your Car, How Long Can They Keep You There?
If a police officer has ‘reasonable suspicion’ to believe criminal activity is underway, in or connected with the use of a car, the law permits them to initiate a traffic stop. Perhaps the archetypal, quintessential, prototypical, paradigmatic, textbook valid reason justifying such a stop where the officer witnesses a violation of the traffic laws. Such... Read more »
Can The Police Search Me, My Car, And The Glove Box, And The Trunk After Pulling Me Over?
The Fourth Amendment to the United States Constitution guarantees each of us the right to be secure in our person and our effects. We enjoy a constitutional privilege against oppressive and unreasonable searches conducted by government agents, such as any law enforcement officers: marshals, state police, or local and municipal police. The Fourth Amendment creates a... Read more »
Does the Plain View Theory Allow The Baltimore Police To Take My Property?
Does the Plain View Theory Allow The Baltimore Police To Take My Property? It certainly can. The U.S. Supreme Court has repeatedly told us that any search conducted without the protections of a warrant [i.e. the finding of probable cause by a judicial officer] is presumptively unreasonable and therefore illegal. If property is taken during... Read more »
Do I Have To Give Baltimore Police Permission to Search My Car?
Do I Have To Give Baltimore Police Permission to Search My Car? You can. You do not have to. If evidence is taken from your vehicle in violation of the 4th Amendment’s protections, the government cannot later use that evidence to obtain your conviction. The starting point in dealing with seized evidence is always the... Read more »
What Is The Criminal Offense of Manslaughter By Vehicle?
Maryland law punishes the unintentional killing of an individual by use of car, motorcycle or boat in specific ways: If a death results from the Driving Operating, or controlling a vehicle or vessel in a grossly negligent manner, the offender is guilty of manslaughter by vehicle or vessel and subject to a 10 year prison... Read more »
Do The Police Have to Have a Warrant to Search My Car?
The 4th Amendment to the US Constitution protects all of use from unreasonable intrusion by the government into our private affairs. Generally, before searching for contraband, or evidence of crime, the police must generally have a warrant based on a judicial finding of probable cause. Indeed, the Supreme Court has told us that any search... Read more »
Can The Baltimore Police Order A Passenger To Get Out Of The Car?
Can The Baltimore Police Order A Passenger To Get Out Of The Car? What Legal Rights Do I Have As A Car Passenger? You do not lose your constitutional right to be free from unreasonable searches, by choosing to ride in someone else’s vehicle. While the Supreme Court has made this clear, there seem to... Read more »
If I Am Arrested While Driving, Can the Police Search My Car?
A time-honored, long-standing exception to the warrant requirement is a search incident to a lawful arrest. If the police have probable cause to arrest a suspect, as part of the arrest process, they are entitled to search the person of the arrestee. The justification is that such a search is a reasonable intrusion on the... Read more »
Can The Police Conduct A Search Without A Warrant In Maryland?
As Attorney Eric T. Kirk will tell you. Police need a warrant, or an exception, before they can search. Transcript The Fourth Amendment protects all citizens from unreasonable searches and seizures. The Supreme Court tells us that any search that is conducted without a warrant is, per se, unconstitutional, and therefore, illegal- unless an exception... Read more »
Can Social Media Or Internet Information Be Used To Prove A Case Against Me In Court?
As Attorney Eric T. Kirk will tell you. Your social media posts are generally admissible against you in court. Transcript Absolutely. Like any other piece of information that’s out there, so long as the rules of evidence are satisfied, anything that’s on social media or on the internet is potentially evidence at trial. If... Read more »
Baltimore Police Asked to Search. Should I Let Them?
Baltimore Police Asked to Search. Should I Let Them? No one wants to confront this question. Baltimore Police Asked to Search. Should I Let Them? Luckily, in my estimation, it’s an easy answer: No. You cannot be compelled to consent. As Attorney Eric T. Kirk will tell you. Transcripts I would say no.... Read more »
Do I Need An Attorney For My Criminal Case In Baltimore?
Attorney Eric T. Kirk will tell you. Yes. The are no criminal charges that don’t warrant at least a consultation. Transcript My standard answer here is yes. I can’t think of any crime, no matter how seemingly small, that someone wouldn’t want to at least consult with an attorney or talk to potentially the public... Read more »
