Case Law

MD TSRP December Blog: Steck v. State: A Not So Simple Simon

By David Daggett This month’s blog focuses on the case of Steck v. State, No. 705, September Term, 2017, Filed on November 28, 2018 with the opinion drafted by the Honorable Lynne Bataglia of the Court of Special Appeals. The case was originally tried in Worcester County by ASA Joaquin Cabrera and argued before the [...]

MD TSRP September Blog: Baez v. State – Out-of-State Window Tint Violations

By David Daggett On August 31, 2018, the Court of Special Appeals published another Fourth Amendment case involving a stop based upon excessive window tint. While the good news is that the State won, I’m not exactly sure to what extent that we won. The appellant, Ronald Baez, was indicted by the Grand Jury for [...]

MD TSRP June-July Blog: Mack v. State: The Emasculation of Navarette v. California?

By David Daggett On June 5, 2018 the Maryland Court of  Special Appeals, in the case of Mack v. State, 2018 Md. LEXIS 309, limited Navarette v. California, 134 S. Ct. 1683 (2014) as a tool in the police and prosecutor tool belt, at least when it comes to stopping suspected impaired drivers. In the [...]

MD TSRP May-June Blog: Byrd v. U.S. – Right to Privacy in a Rental Vehicle

By David Daggett On May 14, the Supreme Court of the United States issued the opinion of Byrd v. U.S., 2018 U.S. LEXIS 2803, a case in which the central issue was whether someone in otherwise lawful possession and control of a rental car had a reasonable expectation of privacy in that vehicle, even if [...]

MD TSRP March-April Blog: Traffic Stops – Reasonable Length of Detention

By David Daggett The Maryland Court of Special Appeals issued an opinion on April 2, 2018 in the case of Carter v. State, No. 290, September Term, 2017, with the opinion authored by Judge Fader. If I didn’t know better I’d swear the Court based its legal analysis upon the MSAA PowerPoint of Stops, Searches [...]

MD TSRP January-February Blog: Sobriety Checkpoints

By David Daggett While this is may not be a topic of significant interest to many of you, it is one that prosecutors need be aware of as it has been pointed out that a couple of jurisdictions have had some problems in their courtrooms recently with sobriety checkpoint DUI cases. That’s really quite surprising [...]

MD TSRP December Blog: Marijuana: Probable Cause and Search Incident to Arrest

By David Daggett The Maryland Court of Special Appeals placed an early Christmas present under the collective trees of police and prosecutors on November 29, 2017 in the form of Barrett v. State, No. 530, September Term, 2016 (Judge Graeff.) Upon reading the opinion I felt like Ralphie unwrapping with great anticipation his Red Ryder [...]

MD TSRP November Blog: To PBT or not to PBT: That is the Question

By David Daggett With apologies to William Shakespeare, this month’s blog will address preliminary breath tests and their impact on police and prosecutors in the prosecution of impaired drivers. The preliminary breath test statute is located in the Maryland Traffic Code at TR § 16-205.2. Like many statutes, the language in the PBT section was [...]

MD TSRP October Blog: Inventory Searches. AKA “Inventory Searches?”

By David Daggett As was briefly touched on in last month’s blog, one of the “exceptions” to the warrant requirement under the Fourth Amendment is the inventory search, or, as it is sometimes referred, “inventory search?”  The Maryland Court of Special Appeals just released a new opinion written by Judge Moylan on September 28, 2017 [...]

MD TSRP July Blog: State v. Sizer: Flight to Avoid Interaction with Police

The case of Sizer v. State, 2017 Md. LEXIS 270 is currently pending before the Maryland Court of Appeals, after cert was granted to the defendant following his take down by the Court of Special Appeals in State v. Sizer, 230 Md. App 640 (2016). The case has meandered down a long and winding road [...]

MD TSRP May Blog: The Ability to Maintain Control of the Scene at a Traffic Stop

By David Daggett It seems like it was just yesterday that I wrote Blog #1 and now here I am on #50. I look back on some of those early ones and ask myself, “You attached your name to that!?!” Many of you probably look at most of them and think the same thing. Fair [...]

MD TSRP April Blog: Norman V. State: A Pat Down of Passengers for Weapons, Based Upon the Odor of Marijuana Alone, Is Unlawful

In the immortal words of Ricky Ricardo, “Ai Yi Yi!” On March 27, 2017, the Maryland Court of Appeals handed down an opinion that has wide-scale implications regarding what law enforcement officers may do upon stopping a vehicle and detecting the odor of marijuana (or other drugs for that matter) coming from the vehicle. The [...]

MD TSRP February/March Blog: Electronic Search Warrants

I’m not sure if I was suffering from writers block in February, whether there was nothing much of interest to write about, or whether the legislative session was just taking up too much of my time, but whatever the case may have been, I am merging the February and March blogs herein. While still not [...]

National TSRP 2016 “Traffic Tuesdays” Webinars

The national Traffic Safety Resource Prosecutor (TSRP) program hosts a monthly webinar series called "Traffic Tuesdays." The webinar series focuses on issues of impaired driving and traffic safety and are crafted to be relevant to a nationwide audience of prosecutors, law enforcement, and traffic safety professionals. The following is a list of their 2016 webinars, [...]

MD TSRP December Blog: One Toke Over the Line: Whatever became of Maryland’s Marijuana Laws?

By David Daggett I was recently asked what should have been a very simple question regarding marijuana laws in Maryland and I must admit that I was stumped as to the answer. There has been so much marijuana legislation bandied about over the last few legislative sessions that I couldn’t recall what was real and [...]

MD TSRP September Blog: Conducting a Terry Pat Down Based on Reasonable Suspicion

The Maryland Court of Appeals just recently issued an opinion in the case of Sellman v. State, 2016 Md. Lexis 563, No. 84, September Term, 2015 in which it addressed the existence of reasonable suspicion to conduct a Terry frisk or pat down. While the holding did not go well for the State, the opinion [...]

MD TSRP August Blog: Legal Update & New Law Synopsis

By David Daggett Legal Update: Timing and location of the detection of the odor of marijuana prior to conducting a vehicle search State of Maryland v. Terrance Grant, No. 65, September Term 2015, Filed July 12, 2016. In a case arising out of Frederick County, the Maryland Court of Appeals overruled the Court of Special [...]

Tips to Testify: “May I Refer to My Notes?”

By The Honorable Earl G. Penrod TESTIFYING IN A TRIAL CAN BE STRESSFUL, especially when the proceedings are particularly contentious or hotly contested. As a result, even a well-prepared officer may have a momentary lapse in memory about some facts or circumstances. Sometimes, the officer’s temporary lapse could be remedied by examining an item or [...]

MD TSRP July Blog: Birchfield v. North Dakota: Implied Consent & Additional Penalties

By David Daggett On June 23rd, the Supreme Court of the United States released a much anticipated opinion in the case of Birchfield v. North Dakota, 579 U.S. ____ (2016) in which it addressed the issues of implied consent, search incident to arrest, breath and blood tests and criminal sanctions for refusing said tests. While [...]

MD TSRP May Blog: Conducting a DUI Stop Outside Agency Jurisdiction

By David Daggett This month’s Blog comes courtesy of a question posed by an officer of a Maryland municipal police agency: In a situation not involving “hot pursuit”, can a law enforcement officer stop and detain a suspected impaired driver while outside that officer’s jurisdiction? A good place to begin is with Criminal Procedure Article [...]