In Maryland, getting pulled over by the police for a traffic violation can lead to several outcomes. Aside from the usual fines or tickets, a police officer might also use the stop as an opportunity to investigate for more serious crimes. In some cases, police may overstep their legal boundaries, leading to unconstitutional searches. If this happens, getting the evidence from those searches suppressed could make the difference between a conviction and an acquittal, or even a case dismissal.
This often involves filing a pretrial motion to challenge the evidence. For this to work, having an experienced Maryland criminal defense lawyer is crucial for building a solid defense.
The Importance of Knowing Your Rights During a Traffic Stop
A key issue during traffic stops is that many people don’t fully understand their rights and may accidentally consent to things they have the right to refuse. A drug case from Hagerstown provides a clear example of when police overstep their bounds—and how the defendant’s rights were ultimately defended.
The Case of M.S. in Hagerstown
M.S. was driving when a police officer thought he saw M.S. using his cell phone mounted on the car’s dashboard. The officer claimed to have seen M.S. touch the phone with his right hand while driving. Based on this observation, the officer and his partner decided to pull M.S. over.
When the police approached M.S., they asked for his license and registration. M.S. admitted he didn’t have his license with him, though he mentioned it might be suspended. This was a reasonable admission, but in some cases, offering too much information can hurt the driver, as it might be used as evidence against them. In this case, M.S. mentioned that he was trying to “get a hold of his girlfriend,” which could suggest he was texting while driving, something that is illegal.
Consent to Search and the Resulting Evidence
Since M.S.’s license was suspended, the police were legally allowed to tow his vehicle. Before doing so, they asked M.S. for permission to search his body and perform an inventory search of the car. While people are often unaware, the law does not require you to agree to these searches. You have the right to refuse them.
However, M.S. agreed to both searches. As a result, the police found brass knuckles, fentanyl, a vial often used to store crack cocaine, a crack pipe, and a push-rod used for packing drugs.
Filing a Motion to Suppress Evidence
Before trial, M.S. hired a criminal defense lawyer, who filed a motion to suppress the evidence. The defense argued that the police had no solid reason to stop M.S. in the first place. Without a legitimate reason for the stop, the evidence from the searches should be thrown out as the product of an illegal search and seizure.
The Appellate Court’s Ruling
The court agreed with the defense’s argument. Both officers testified that they saw M.S. “manipulate” his phone. One officer even said, “I could see the cellphone illuminated when I was behind it, and I saw him pressing the screen while he was driving.” However, the problem with this evidence was that it did not clearly show M.S. was texting, which would be illegal, or simply making a phone call, which would be legal in Maryland.
Under Maryland law, drivers are allowed to make or receive phone calls while driving, as long as they are not texting. Since the officers’ observations could have been consistent with either a legal phone call or an illegal text message, they did not have sufficient grounds to justify the stop.
Traffic Stops and the Importance of Legal Expertise
This case shows that traffic stop situations can be complex. The difference between a legal and illegal stop often comes down to specific details and the ability to recognize when a violation has occurred. If you’ve been charged with a crime based on evidence from a traffic stop, it’s important to consult with a knowledgeable criminal defense attorney who can challenge any evidence obtained unlawfully.
