In Maryland, your Fourth Amendment rights protect you from illegal searches and seizures by law enforcement. When police violate these rights, evidence obtained as a result may be inadmissible in court, potentially undermining the prosecution’s case against you.
At Hartman Attorneys at Law, we defend clients in Annapolis, Glen Burnie, and across Anne Arundel County against charges where illegal search and seizure may have occurred. Led by former prosecutor Christian Hartman, our team knows how to identify violations, file motions, and fight to have evidence suppressed.
Understanding Maryland Search and Seizure Law
The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. Maryland law mirrors these protections and imposes strict rules on law enforcement when conducting:
- Traffic stops and vehicle searches
- Home searches (including during arrests)
- Electronic surveillance
- Stop-and-frisk encounters
To legally seize evidence, police generally must have probable cause or a valid warrant, unless a recognized exception applies (e.g., exigent circumstances, consent, or search incident to arrest).
Common Search and Seizure Violations in Maryland
Police sometimes overstep legal boundaries, leading to evidence that can be challenged:
- No Warrant or Probable Cause: Conducting a home search or vehicle search without a warrant or probable cause.
- Invalid Consent: Claiming consent when it was coerced, misrepresented, or given by someone without authority.
- Exceeding the Scope of Warrant: Searching areas or items not authorized by a valid warrant.
- Illegal Traffic Stops: Initiating stops without reasonable suspicion, then using them as a pretext for search.
When these violations occur, the evidence obtained, such as drugs, firearms, and incriminating statements, may be inadmissible in court if properly challenged.
How Suppressing Evidence Can “Kill” a Case
The exclusionary rule allows courts to suppress evidence that was illegally obtained. In some cases:
- Drug or weapon charges can be dismissed if the seized items are suppressed.
- DUI evidence from improper breath tests or warrantless vehicle searches can be excluded.
- Statements obtained during illegal searches can be thrown out.
Suppressing critical evidence can drastically weaken the prosecution’s case or even lead to a full dismissal of charges.
Defense Strategies for Search and Seizure Violations
At Hartman Attorneys at Law, we carefully examine every aspect of the law enforcement investigation:
- Reviewing Police Reports and Warrants: We verify whether warrants were valid, properly executed, and specific in scope.
- Challenging Probable Cause: We question whether the officers had sufficient legal grounds for the search.
- Examining Consent and Authority: We assess whether consent was voluntary and legally sufficient.
- Filing Motions to Suppress: We aggressively file pre-trial motions to exclude evidence obtained in violation of the Fourth Amendment.
Our trial-ready approach ensures prosecutors understand we are prepared to fight for your rights in court.
Why Hartman Attorneys at Law in Annapolis
With Attorney Christian Hartman’s experience as a former prosecutor, we understand the investigative and legal strategies prosecutors employ and how to counter them effectively. Clients benefit from:
- Direct attorney access and 24/7 availability
- Aggressive defense strategies tailored to illegal search cases
- Local knowledge of Annapolis courts, judges, and law enforcement practices
Protect Your Rights After a Search or Seizure
If you’ve been charged with a crime and believe your Fourth Amendment rights were violated, immediate action is essential. Filing motions to suppress evidence early can make all the difference in the outcome of your case.
Contact Hartman Attorneys at Law for a confidential consultation. We’ll review your case, challenge any illegal searches, and fight to protect your rights and your future.