Q: WHO LET THE DOGS OUT? A: THE COURTS AND THE COPS!By Robert C. Bonsib, Esq. and Megan E. Coleman To the question "who let the dogs out?" we offer this article reviewing the current state of the law with respect to K-9 searches. After this review a cynic might well...
“YOU GOTTA COME OUT ON THE STREETS SOMETIME!” – DURESS DEFENSE FAILS TO PROTECT THREATENED WITNESS FROM CONTEMPT FOR REFUSING TO TESTIFY
FROM THE STREETS OF BALTIMORE TO THE 3rd FLOOR OF THE ROBERT C. MURPHY COURTS OF APPEAL BUILDING IN ANNAPOLIS By Robert C. Bonsib, Esq. [email protected] www.robertbonsib.com On January 7,...
Rape, Sexual Offense, Child Abuse – Admissibility of Prior Sexual Conduct
PRIOR SEXUAL CONDUCT - RAPE - SEXUAL ASSAULT VICTIM'S REPUTATION FOR CHASTITYRape, sexual offenses, child abuse, sexual abuse of vulnerable adult prosecutions and defense of those charged with such offenses will confront a new evidentiary landscape in Maryland...
Criminal Defense Law Newsletter – Maryland & 4th Circuit Opinions
A summary of recent appellate cases from the Maryland and Fourth Circuit appellate courts. These cases review decisions regarding the sufficiency of evidence in child pornograpy distribution cases involving the use of peer-to-peer software programs, search...
Cell Phone Search Warrants
Recently, the Court of Appeals decided two companion cases, Moats vs. State, 2017WL63764567, No. 89, September Term, 2016 and Stevenson vs. State, 2017WL3765549, No. 92, September Term, 2016; both of which considered the type of information necessary to supply...
The Rule of Verbal Completeness – A “Grimm” Analysis
In United States v. Bailey, No. Criminal No. PWG-16-0246, 2017 WL 2276849 (D. Md. May 25, 2017), United States District Judge Paul W. Grimm has once again provided guidance to practitioners regarding a rule of evidence that is often troublesome in its application.The...
Child Pornography (CP) Investigations & Prosecutions – Draconian Penalties; Evidence Issues; and Fone v. State & Search Warrant Staleness
An Overview Persons charged with child pornography ("CP") face a myriad of legal issues and potentially drastic and life-altering consequences. Not only are the risks of incarceration significant, particularly in federal investigations, but the requirements and...
Search-Frisk & The Odor of Marihuana (continued)
This post updates an earlier post that briefly noted two recent Maryland appellate court opinions discussing when the odor of marihuana emananting from a vehicle would justify the search of a vehicle and/or the frisk of an occupant of the vehicle. With the...
If Trump were not Trump he would be prosecuted for obstruction.
It is disturbing to see the excuses offered on behalf of Trump for conduct, which if engaged in by anyone else, would be prosecuted as a clear effort to impede a federal investigation. I am sure many of my colleagues who both defend and prosecute in...
Odor of Marihuana Does Not Justify Frisk For Weapons
In Robinson v. State, 451 Md. 94 (2017) the Maryland Court of Appeals held that the odor of marihuana emanating from a vehicle justified the search of a vehicle for drugs even thought the odor, by itself, did not establish whether the amount of marihuana in the...