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Articles Posted in Constitutional rights

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Maryland Police Accountability Act of 2021 – Governor Hogan’s veto overridden

Last week both houses of the Maryland legislature overrode Governor Hogan’s veto and passed the Maryland Police Accountability Act of 2001. The Act will improve the criminal justice system in Maryland a number of ways: Set stricter standards for use of force by police; Limit the use of “no knock”…

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Help – I’ve been referred to the Medical Advisory Board!

We have noticed lately what seems like an extraordinary number of referrals to the MAB. When anyone suspects that a driver may have a physical or mental condition that would affect their ability to drive, he or she may refer that person to the Medical Advisory Board (MAB) of the…

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In Memory of Justice Ruth Bader Ginsburg

As you all know by now Justice Ruth Bader Ginsburg passed away Friday night on erev (the evening of) Rosh Hashanah (the Jewish New Year).  According to Jewish tradition, a person who passes on Rosh Hashanah is considered a “tzadik” – a revered person.  The “Notorious RBG” as she came…

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Supreme Court makes it easier for police to stop a car whose owner’s driver’s license is revoked

Last week, the Supreme Court announced an 8-1 decision, authored by Justice Thomas, in the case of Kansas v. Glover, allowing a police officer to stop a car where the owner’s driver’s license was revoked, without first ascertaining that the driver was the owner.  This represents a change in the…

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Breath testing deficiencies brought to light by the New York Times

Recent articles in the New York Times have raised questions about the reliability of breath testing devices used across the country in DUI cases.  These Machines Can Put You in Jail.  Don’t Trust Them  and 5 Reasons to Question Alcohol Breath Tests.  The authors also interviewed a defense lawyer and…

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The unconscious suspect – Mitchell v. Wisconsin holds exigent circumstances will allow a warrantless blood test in most cases

Mitchell was arrested for DUI.  He subsequently became unconscious.  Since he could not submit to a breath test, the arresting officer could not obtain his consent to a blood test, and he needed medical attention, the officer took him to a hospital for treatment and to have his blood drawn…

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Baltimore to Stop Prosecuting Marijuana Possession Cases

The State’s Attorney for Baltimore City, has announced on January 29, 2019, that marijuana possession cases will no longer be prosecuted in Baltimore.  In an article in the New York Times, Marilyn Mosby stated that it makes no sense to prosecute marijuana cases because it diverts resources from investigating more…

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Daily Record: “Md. lawmakers plan bill to close ‘Noah’s Law’ loophole”

As the Daily Record reported yesterday (Jan. 23, 2019), a bill will be introduced in the Maryland legislature to expand Noah’s Law (named after Noah Leotta – a police officer killed by a drunk driver) to require an ignition interlock be installed as a condition of a probation before judgment. …

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Stamm argues Owusu v. MVA at the Maryland Court of Appeals

On Wednesday, September 12, 2018, Leonard Stamm appeared in the Court of Appeals to argue the case of Owusu v. MVA.  Owusu was arrested for drunk driving and taken to the police station.  At the police station he was read the DR-15 Advice of Rights Form.  This is a form…

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