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Just received a copy of an opinion issued by a Baltimore City Circuit Court judge on a 4th Amendment issue I recently argued, and the news was good
I recently argued a case where my client was charged with possession of marijuana, based on a search warrant executed at her residence. The warrant was signed by a judge after the police submitted an affidavit that they had taken a garbage bag from outside the residence, searched it, and found marijuana inside. I argued that the evidence found in the home should be suppressed, as the information relating to the garbage bag was insufficient to show probable cause to search my client's home. Specifically, I pointed out that the police neglected to mention whether they had actually seen someone from my client's home actually put the garbage outside. Also, I argued that the police failed to mention whether any personal papers, such as mail, bills, or bank statements, were found in the garbage, that would have linked the garbage back to my client's home. Additionally, the police gave no indication whether the garbage bag had been tightly secured, so as to eliminate any concern that someone other than my client had put items in the garbage bag once it was placed outside. This was actually an issue of first impression in Maryland, as there was no precedential opinion on this issue from our appellate courts. After reading the memorandum's submitted by myself and the state, as well as oral arguments, the court granted my motion, and suppressed the evidence found in my client's home. As a result, the state will dismiss the case, as it has no other evidence which to proceed upon.
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