Governor Hogan vetoed a bill that would have removed criminal penalties from possession of paraphernalia used to smoke marijuana. This legislation is needed to eliminate an inconsistency in the law because it is no longer criminal to possess under 10 grams of marijuana in Maryland. However, according to a Washington…
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…
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…
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,…
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…
Leonard Stamm has been featured in the “Member in the Spotlight” blog of the National College for DUI Defense. It is reprinted in its entirety below: Member in the Spotlight: Lenny Stamm This week’s Member in the Spotlight is Lenny Stamm of Greenbelt, Maryland. Lenny grew up in New Rochelle,…
The National College for DUI Defense is holding its summer session at the Charles Hotel in Cambridge, Massachusetts with seminars and breakouts at the Harvard Law School. The session features lectures on: Crafting Your Opening Statement by Denis M. DeVlaming; Handling Injury & Death Cases: Things You Need to Do…
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…
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…
Just last term the United StatesSupreme Court held in McNeely v. Missouri, that a warrant is presumptively required before obtaining a blood sample from a drunk driving supsect. However this week, in Navarette v. California, the United States Supreme Court, in a 5-4 decision, held that a police officer does…