Criminal Defense Lawyer Blog
A recent Maryland Court of Appeals decision has declared that it is an unconstitutional invasion of privacy for police officers to obtain DNA samples from arrested individuals absent a criminal conviction. It has previously been the standard practice of the Maryland State Police and other police departments around the state to obtain DNA samples from any suspect charged with burglary, and certain violent crimes such as assault, rape, homicide, and aggravated assault. Under the recent ruling, Maryland police departments must now wait until prosecuting lawyers secure a criminal conviction before they can legally obtain DNA samples from a defendant. The ruling by the Maryland Court of Appeals overturned the 2009 rape conviction of Alonzo Jay King Jr. when the court concluded that DNA samples that led to King’s rape conviction were the fruits of an illegal seizure pursuant to the Fourth Amendment of the U.S. Constitution. King’s DNA sample was obtained after he was arrested for an unrelated assault case. The high court ruling has had an immediate impact upon law enforcement, as the Maryland state police department, headquartered in Pikesville, Maryland, has already instructed its employees to suspend DNA sampling of arrested suspects.
Despite the recent high court decision, some Maryland police departments originally went on record saying that they would continue their policies of sampling certain criminal suspects upon arrest. The Baltimore County police department and the Ann Arundel County police department had planned to wait on a decision as to whether the ruling would be appealed before halting their DNA sampling policies. In addition, the Baltimore City police department and the Howard County police department did not immediately suspend their DNA sampling policies, but rather were waiting specific instructions from the Maryland state public safety department, who is responsible for the sampling in those jurisdictions. These police departments did back down from their initial reluctance to follow the Maryland Court of Appeals ruling, and have now joined the state police in directing employees to suspend DNA sampling upon arrest.
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Baltimore County Police have identified the main suspect in a string of recent Baltimore area burglaries. The burglaries have resulted in the theft of valuable items such as electronic office equipment, black checks, food, office supplies, postage stamps and money. The main suspect is apparently a 48 year old man from Baltimore that has also been implicated in other burglaries throughout Maryland. The recent Baltimore burglaries occurred on or about April 3 and included the breaking and entering of two medical offices. The first office was a podiatry center and the second burglarized office was a medical office used for testing and treatment of hearing disorders. Both offices used and stored valuable medical equipment.
A Maryland man was recently arrested for selling marijuana and other drugs from his ice cream truck according to police in Charles County. The alleged Maryland drug dealer was arrested based on a tip from Crime Solvers. The tip apparently informed police that the 20 year old man had been illegally selling packets of marijuana while at the same time legally selling frozen treats in southern Maryland neighborhoods. Police responded to the tip and sent a investigative unit to attempt to observe the ice cream drug dealer in action. Police investigative units apparently were not able to catch the Maryland man actually performing a hand to hand transaction with a would be marijuana buyer, but they were able to secure an arrest with the help of a canine police unit.
Maryland trespass laws have recently become a hot topic after two men were arrested for trespassing at Oriole Park at Camden Yards by Baltimore City police officers. The first incident occurred on opening day as the Orioles took on the Minnesota Twins in front of a rare sellout crowd. A 26 year old man from Severn, Maryland ran on to the field during the game dressed in a cape. Unfortunately for the Severn man the cape did not come complete with flying capabilities, and the trespasser was arrested shortly after entering the field of play. The aspiring superhero turned fourth outfielder managed to avoid criminal prosecution, albeit to none of his own credit. Lawyers from the Baltimore prosecutor’s office apparently failed to file charges due to an office miscommunication. The second incident occurred just 3 days later when a 19 year old Baltimore man dashed onto the field during the 12th inning of a frustrating loss to the Yankees. The 19 year old Baltimore man was not wearing a costume and did not receive the benefit of a prosecutorial miscommunication, as he now faces charges of trespass, disorderly conduct, and disturbing the peace. 
The Baltimore City Police Department is currently working out the details of a plan to begin video recording police interrogations for violent crimes. While the Baltimore City Police Department is the eigth largest in the county it is certainly not the most technologically advanced. Hundreds of police departments across the country currently record police interrogations for almost any crime including the Baltimore County Police Department. Some jurisdictions, including Washington D.C., go as far as requiring video recording for all police interrogations. In 2008, the Maryland General Assembly endorsed the use of video recorded interrogations, but did not decide to require them. As a result of the endorsement, the number of police agencies using video recording in Maryland has nearly doubled.
A Baltimore area marijuana dealer has been sentenced to over 20 years in prison after the jury found him guilty at trial. Defense lawyers were unable to overcome the strong evidence that federal prosecutors presented during two weeks of testimony in United States district court in Maryland. The convicted Baltimore drug dealer was arrested in 2010 and charged with distribution of marijuana and conspiracy to commit money laundering. Both the internal revenue service and the federal drug enforcement agency participated in the investigation, which ultimately let to a multi count indictment.
Recently three school buses were involved in a car accident in Prince Georges County, Maryland where upwards of 25 students were injured. And just last week, a central Florida community was rocked by the news that 9 year old student was killed in a school bus accident, along with 15 other students being injured in the crash. These tragic accidents appear to be showing up in the news more frequently, which begs parents and lawmakers to question whether Maryland school buses are actually safe and what the legislature could do to make them safer.
Maryland jails will continue to have the power to strip-search a person who is arrested for any crime, regardless of whether cops are suspicious that contraband may be present. The Supreme Court ruled 5-4 in favor of upholding jail house strip-searches in an April 2 decision. The ruling will allow Baltimore police to strip-search any person arrested before he or she is admitted into the jail for any type of crime. Defendants arrested for minor crimes such as driving without a license, failing to pay child support, or even violating a dog leash law are also subject to strip-search upon being booked into the jail.
The last of five suspects involved a string of Baltimore area armed robberies was recently sentenced to prison. Maryland federal district judge Benson E. Legg handed down the 10 and a half year sentence, which also included a 3 year term of probation when the prison term expires. Judge Legg is the same federal district judge who just last month declared a controversial Maryland gun law unconstitutional (
Crime victims in Baltimore County are now able to file police reports online, instead of reporting the crime to an officer in person. Baltimore County police say the online system will have various benefits for victims of minor crimes and for the police department. Crime victims will be able to quickly generate reports for incidents such as theft and destruction of property, which insurance companies typically require before a claim can be filed. The Baltimore County police will also be able to conserve resources by not dispatching officers to minor crime scenes. Other reports that may now be filed online in Baltimore County include hit and run car accidents, lost property, and abandoned motor vehicles.