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Articles Posted in Constitutional rights

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Why Donald Trump is so dangerous – why it is necessary that civil rights be protected by a Constitution – and why we are fortunate to have inherited constitutionally protected rights

  This week Donald Trump, the leading Republican contender for President, proposed banning all Muslims from entering the country, as one of his solutions to deal with ISIS inspired terrorism in the homeland.  This bigoted and anti-American proposal, on top of his anti-Mexican, misogynistic, and crude comments have only enhanced…

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Hawaii Supreme Court agrees consent to submit to a breath test is invalid where refusing is a crime

The Hawaii Supreme Court announced its decision today in State v. Won.  The court held that where a suspect in a DUI case is told that it is a crime to refuse to submit to an alcohol test, that consent to submit to the test is coerced and invalid because it…

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The Court of Appeals takes a step forward with Norton

The Court of Appeals announced its decision in Norton v. State today.  I was privileged to have been local counsel on the amicus brief filed by the Innocence Network in this case.  The case was a win for Norton, but more importantly, it was a win for all defendants who…

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Reflections on the Fourth (and Fifth) of July, thank you Justices Ginsburg, Sotomayor, Kagan, Kennedy, and yes Justice Scalia

  In this blog, I want to weave a couple of strands of thought together here on the Fourth and Fifth of July, as I complete the 2015 update for the 8th edition of my Maryland DUI Law. As defense lawyers, we are trained to look for the good facts…

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Supreme Court Holds The Line Against Unconstitutional Detentions

Today, the Supreme Court released its decision and opinion in Rodriguez v. United States. This was not just a defense win. It was a win for anyone who travels in a car and may be stopped by the police for a traffic violation. The six justices in the majority were…

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Stamm Testifies Before the Maryland House Judiciary Committee

On March 4, 2015, Leonard Stamm testified in opposition to House Bill 532 which would require officers to tell suspected drunk drivers in a fatal or life threatening injury crash that they are required to submit to an alcohol test. Here is the written version of his testimony: My name…

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Proposals for New DUI Laws in 2015

1. Change “reasonable grounds” in § 16-205.1 to “probable cause” The Fourth Amendment requires articulable reasonable suspicion to stop a vehicle, Whren v. U.S., 517 U.S. 806, 116 S. Ct. 1769, 135 L. Ed. 2d 89 (1996) and probable cause to effect an arrest. Hayes v. Florida, 470 U.S. 811,…

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Heien v. North Carolina – Ignorance of the law is no defense – unless you are a cop

Last week the Supreme Court decided the case of Heien v. North Carolina. In an 8-1 decision, the Court decided that even though an officer stopped a driver for conduct that was later decided NOT to be illegal, that the officer’s objectively reasonable belief that the conduct was illegal saved…

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Stamm Goes On Al Jazeera News to Discuss Missouri v. McNeely

On last Thursday, June 5, 2014, Leonard Stamm went on Al Jazeera America to discuss last year’s Supreme Court decision in Missouri v. McNeely. He was interviewed by reporter John Henry Smith. JHS: Drivers stopped on suspicion of driving under the influence in Tennessee are sometimes forced to submit to…

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Chipping Away at Our Rights – Deering v. MVA

The Court of Appeals announced its decision today in Deering v. MVA. When a driver is arrested for DUI and asked to take a breath or blood test in Maryland, and the driver’s reasonable request to consult with a lawyer before deciding is denied, the driver may not argue at…

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