When Can the Police Search Me or My Car ?
There are limits on what they police can and cannot do. The Constitution, and, in this instance, the Fourth Amendment, provides an important buffer of protection between citizens, and the power of the State. We are all guaranteed the right to be secure in our person and effects, and to be free from warrantless or... Read more »
How Can I Win a Maryland Drug/CDS Possession Case if the Police Found Drugs?
A drug case is just like any other criminal case in a fundamental respect. As always, the State has the burden of proving, beyond a reasonable doubt, that the defendant, on or near his person or in his control, had a specific substance, and the possession or use of the specific substance was illegal or... Read more »
Is Medical Marijuana Legal in Baltimore, MD?
Is legal to have Marijuana In Maryland? You actually get different answers to this question depending on who you ask. The possession of a small amount of marijuana has been decriminalized [i.e. it is treated as a civil offense] in Maryland. That does not make it legal, it just means that the penalties are civil in... Read more »
What Reasons Do The Police Need to Stop My Car?
Over the years I Attorney Eric T. Kirk has seen this scenario unfold hundreds if not thousands of times. A car is pulled over. As a result of the exchange between the officer and the driver or occupant, something is uncovered that was not known prior the stop. The drivers’ license is suspended The driver is intoxicated... 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 »
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 »
What Are Miranda Rights Or Miranda Warnings?
When it comes to protecting your rights, Baltimore criminal defense attorney Eric T. Kirk delivers legal representation that tastes great but is less filling —effective, yet straightforward. Miranda warnings, a cornerstone of the constitutional rights of all arrested Baltimore citizens, ensure you’re informed of your right to remain silent and to have legal counsel during... Read more »
